Playing for the NFL almost guarantees injury, however the Miami Dolphins have attempted to strip a former player of the guarantee of workers compensation. The Judge in this case dismissed a Miami Dolphins’ lawsuit against an injured former player. A Federal Court ruled that the Miami Dolphins can not do an end run around the Pennsylvania workers` compensation process in federal court.
The U.S. Magistrate Judge dismissed the football team`s claim that former wide receiver Kendall Newson violated his contract and the player`s collective bargaining agreement by filing a state claim for a knee injury he suffered during a Dolphins-Steelers game on Aug. 20, 2005. Judge Lenihan said the federal court can not order a state workers` compensation judge to either dismiss Newson`s claim or delay making a decision until after an arbitrator rules on whether his claim and several others filed by former Dolphins` players in California violate the collective bargaining agreement. The team claims that all workers` compensation claims by its players are supposed to be filed in Florida instead of the states where the injuries occurred.
In many instances, the injured worker can bring a workers compensation claim in the state where they were hired, where they did the majority of their work and where they were injured. However, they can only receive benefits under one of those state’s laws. In other words, according to Herndon Virginia workers comp lawyer Doug Landau of ABRAMS LANDAU, "no double dipping allowed !" Read more in the Pittsburgh Tribune-Review.