"Mortal [K]ombat in cleats": An Examination of the Effectiveness of the National Football League's Disability Plan and Its Impact on Retired Players

Abstract

The objective of this Comment is to provide a comprehensive overview of the NFL Disability Plan (the Plan) currently in force, analyze the disability claims procedure under the Plan, and review the appeals to federal court of retired players when challenging decisions made by the Retirement Board under the Plan. Such an exercise allows one to cut through the numerous and sharply disparate opinions on the effectiveness of the current disability plan structure and arrive at practical suggestions for improvement. Part II discusses the emergence of a players association in the NFL and the beginnings of disability benefits in the league. Part III outlines the structure of the current Plan. Part IV discusses the litigation in federal court over decisions by the Retirement Board under the Plan. Part V analyzes the one case where a Retirement Board decision was overturned in federal court, and it then probes the far more numerous cases where the Retirement Board's decision was upheld. Part VI examines the perceived difficulties with the current Plan. Part VII presents suggestions for improving the Plan, such as improved Plan phraseology, elimination or extension of time-sensitive restrictions on full benefits, giving retired players a voice on the Retirement Board, and more effective NFLPA leadership in the collective bargaining process. Part VIII concludes by reasserting the need for an enhanced NFL Disability Plan that adequately provides for the needs of disabled retirees.