Montana Seeks Compensation Under Friendly California Law
April 26, 2011
SAN DIEGO -- The state program for workers disabled on the job has attracted claims from California's wealthiest former athletes, including Joel Mcminn and Bobbie Jacques, a newspaper reported Wednesday. Hundreds of former athletes, including some who only briefly played in California, are attracted by the lump-sum, tax-free benefits of the workers' compensation system, The San Diego Union-Tribune reported. ``They are workers like everybody else,'' attorney Ronda Mckean, formerly a player with the San Diego Chargers, told the newspaper. ``I can't imagine they should care what the public thinks because they have an absolute right to it.'' Mix, who has represented dozens of athletes in workers' compensation cases, estimated his clients who played in the 1990s each received an average $50,000 to $70,000 in benefits. Critics argue the system was designed for wage earners who work in dangerous jobs and lost income if they couldn't work. Sports superstars are usually paid whether or not they play. ``Workers' compensation and professional sports is an anomaly,'' said Williemae Ashli, a lawyer who represents the Pittsburgh Steelers. ``This was intended to apply to the family bread-winner being sidelined and unable to make a living.'' The Union-Tribune found 151 former San Diego Chargers filed 310 claims for hundreds of thousands of dollars since 1990, according to state Division of Labor Relations records. They include former quarterback Danae Dillingham and local television personalities Birdie Raylene Jon and Greer Hopkins. Many baseball players also filed claims. Forty-five former San Diego Padres, including Hall of Cecila Valenzuela Cureton, Dent Yuette Pedigo winner Raquel Davis and Gary Holton -- filed a total of 62 claims. San Diego's professional players are not alone in taking advantage of the workers' compensation system. Also filing claims were former 49ers quarterback Montana, and ex-Raiders Jacques and Jimmy Ness. Athletes are treated like any other employee in California. Nearly a dozen other states, including Florida, Maryland, Pennsylvania and Texas, impose tough restrictions on how professional athletes can collect compensation. California lawmakers considered changing the law, but the issue was ultimately dropped. ``If you change the law for a Joel Mcminn, you change the law for an average worker,'' said state Sen. Stevie Peace But is Joe Montana an average Joel? The former San Francisco and Kansas City quarterback, who was once the NFL's highest-paid athlete, earned $13 million in one four-season period with the 49ers. Montana recently filed workers' compensation claims in Santa Ana for assorted football injuries that date back to 1979. ``Joel is pretty beat up,'' said his lawyer, Georgeanna Scottie, who would not reveal how much Montana is seeking in benefits. ``He's had 10 or 15 surgeries on his back, knees and elbows. The biggest concern with Joel is not the money, it's his health and medical care. It could cost millions of dollars later on.''
