Joe Jurevicius sues Browns over staph infection (1 Viewer)

[AhrnCityPahnder]

Jurevicius sues Browns over staph infection58 minutes agoCLEVELAND (AP) — Former Cleveland Browns receiver Joe Jurevicius is suing the team and the Cleveland Clinic, accusing doctors of negligence over a staph infection in his right knee that kept him off the field last year.Shannon Polk, an attorney for Jurevicius, said the lawsuit was filed Friday in Cuyahoga County Common Pleas Court. It alleges that team physicians failed to warn Jurevicius that therapy equipment was not always cleaned at the team's training facility.Jurevicius has said he contracted staph following arthroscopic surgery at the Cleveland Clinic in January 2008.Messages seeking comment were left Friday for a Browns spokesman and the Cleveland Clinic.Jurevicius was released by the Browns in March.

 

[Mystery Achiever]

I just came over to see if anyone posted this.

So, he sues the doctors because he got the infection and the team because it is their fault he had to go to the clinic? Or did he get the infection after? Either way, do we have a :graspsatstraws: smiley?

 

[T Bell]

Good ole' Joe. He catches everything!

 

[buck naked]

I just came over to see if anyone posted this.So, he sues the doctors because he got the infection and the team because it is their fault he had to go to the clinic? Or did he get the infection after? Either way, do we have a :graspsatstraws: smiley?

Uh, you are not even close. He will win easily.

 

[bicycle_seat_sniffer]

seems like the Browns have had a chronic staph infection problem

 

[s_ezy]

avid Browns fan.... I hope Joe wins this one

 

[Mystery Achiever]

Uh, you are not even close. He will win easily.

I honestly forgot about the Browns' history with staph until I saw bicycle's post.

 

[Sheriff66]

seems like the Browns have had a chronic staph infection problem

 

[Sweet Love]

Seriously they were talking today on Sirius about the measures the Browns have taken to get rid of staph in their facilities (down to the guys in the white suits spraying "stuff")...with that said, they literally are a magnet for the crap, so I am not sure what to make of it, but they should have moved facilities. I know it sounds silly when you consider just 4-5 guys may have contracted it there, but they are 4-5 guys paid millions that the team has to eat and insurance rates go up...bomb the building and move 20 miles away in any direction.

 

[ichris]

Go Joe!

 

[David Yudkin]

He got paid anyway, didn't he? I understand that he's not thrilled about getting an infection, but unless he can prove that his infection was the sole cause of his release this year I don't see what economic loss he sustained. Maybe he will try to make the case that his career was cut short by the injury.

I guess he could go for undo pain and suffering, but then he would have to prove negligence on the part of the team. As far as the therapy equipment goes, if it's used by multiple people like most gyms, they can't disinfect it every 10 minutes.

It should be interesting to follow, but I'm not sure how you prove this case.

 

[T Bell]

He got paid anyway, didn't he? I understand that he's not thrilled about getting an infection, but unless he can prove that his infection was the sole cause of his release this year I don't see what economic loss he sustained. Maybe he will try to make the case that his career was cut short by the injury.I guess he could go for undo pain and suffering, but then he would have to prove negligence on the part of the team. As far as the therapy equipment goes, if it's used by multiple people like most gyms, they can't disinfect it every 10 minutes.It should be interesting to follow, but I'm not sure how you prove this case.

So you're saying the Browns have a lead and you expect them to hold it?

 

[thecardiackid]

Feel sorry for the guy, but isn't this exactly why professional athletes (bodies) are insured?

This will get settled or dropped b4 any trial.

 

[CalBear]

Feel sorry for the guy, but isn't this exactly why professional athletes (bodies) are insured?

This will get settled or dropped b4 any trial.

You're probably right that it will be settled before trial. But there's a big difference between an insurance claim due to consciously accepted risk (playing football), and a claim due to allegations of negligence (insufficiently sanitary conditions).

 

[Bri]

Seriously they were talking today on Sirius about the measures the Browns have taken to get rid of staph in their facilities (down to the guys in the white suits spraying "stuff")...with that said, they literally are a magnet for the crap, so I am not sure what to make of it, but they should have moved facilities. I know it sounds silly when you consider just 4-5 guys may have contracted it there, but they are 4-5 guys paid millions that the team has to eat and insurance rates go up...bomb the building and move 20 miles away in any direction.

IIRC this was after Joe got it and after Bentley it was treated like a freak accident.

 

[Bri]

As far as the therapy equipment goes, if it's used by multiple people like most gyms, they can't disinfect it every 10 minutes.

I hear ya about most gyms, but once a staph infection is discovered(or 2 or 3) then maybe they do have to clean it every ten minutes. I thought there was a rule about wiping down equipment after you're done in well every gym. In that gym, I'd figure they have something alot more sanitary than some white towel to wipe it down with.

 

[Bobcat10]

I was in Philly this week and he was interviewed on some local sports radio show, on Wed I believe. This was before all this went public and there was no mention of the lawsuit. Joe sounded bitter toward the Browns in a way, he really didn't say anything nice about the team. It's not like the entire interview was about the Browns, but I was sorta perplexed after hearing it. He had some chances to speak nicely about his life long favorite team and really didn't do it. I chalked it up to the Browns just releasing him (that's business though, right?). Now it's obvious.

 

[renesauz]

So you're saying the Browns have a lead and you expect them to hold it?

 

[Sheriff66]

Feel sorry for the guy, but isn't this exactly why professional athletes (bodies) are insured?

This will get settled or dropped b4 any trial.

Staph can be deadly, so you should need to have life insurance just to go to the training room? This is serious business for the Browns and they better treat it as such, no FAs are going to want to play there. I don't see other teams having rampant staph issues, it's not something that is just common training room stuff.

 

[Balco]

I just came over to see if anyone posted this.So, he sues the doctors because he got the infection and the team because it is their fault he had to go to the clinic? Or did he get the infection after? Either way, do we have a :graspsatstraws: smiley?

Uh, you are not even close. He will win easily.

It's not going to go to trial, but yes, I am sure he will get a nice settlement. He has a very good case, and I highly doubt the doctors or the Cleveland Browns will want to see this go to trial.

 

[dickey moe]

Staph Punk!

 

[bcr8f]

How many of these has the Cleveland Clinic have? ABC was touting the clinic in their healthcare coverage as a good/inexpensive healthcare facility.

 

[top dog]

How many of these has the Cleveland Clinic have? ABC was touting the clinic in their healthcare coverage as a good/inexpensive healthcare facility.

Outside of these staph issues with the Browns, the Cleveland Clinic is world renowned for their health care. Sheiks have flown in from Saudi Arabia to be treated there... It's all very strange.

 

[tbglog]

This has as much chance of going to trial as Maurice Clarett has to playing in the NFL. If he sues and wins, they have 4 or 5 more multi million dollar law suits lined up to slam dunk them. Mal practice insurance is already wildly expensive, lose this and 4 or 5 more? I just cant imagine insurances companies and the doctors wanting 11 disgruntled Brown fans deliberating this case on a Monday morning after another Sunday debacle.

 

[Balco]

This has as much chance of going to trial as Maurice Clarett has to playing in the NFL. If he sues and wins, they have 4 or 5 more multi million dollar law suits lined up to slam dunk them. Mal practice insurance is already wildly expensive, lose this and 4 or 5 more? I just cant imagine insurances companies and the doctors wanting 11 disgruntled Brown fans deliberating this case on a Monday morning after another Sunday debacle.

I got a chuckle imagining the jurors in the juror box were all wearing this outfit:Potential Juror

 

[bicycle_seat_sniffer]

I just came over to see if anyone posted this.So, he sues the doctors because he got the infection and the team because it is their fault he had to go to the clinic? Or did he get the infection after? Either way, do we have a :graspsatstraws: smiley?

If anyone goes to a doctor and gets a staph infection you better believe Im sueing, and so should Joey J

 

[amnesiac]

maybe this lawsuit will bring some clarity to the situation.

with the Browns and the Clinic as co-defendants, one may be willing to hang the other to dry.

the Clinic has a lot more to lose here than the Browns.

and supposedly the Browns players have a much higher staph infection rate than the general patient population from the Clinic.

this case could have major repercussions for the Browns, including losing one of their biggest sponsers.

i would bet heavily on a settlement in this case.

 

[Bracie Smathers]

I just came over to see if anyone posted this.

So, he sues the doctors because he got the infection and the team because it is their fault he had to go to the clinic? Or did he get the infection after? Either way, do we have a :graspsatstraws: smiley?

If anyone goes to a doctor and gets a staph infection you better believe Im sueing, and so should Joey J

Staph infections in the NFL.Tom Brady and Peyton Manning, should they begin litigation?

MRSA infection article Manning and Brady

Battle to Prevent MRSA Infections

Even Peyton Manning couldn't escape the toughest and most aggressive new upstart in the National Football League. And now there are strong indications, according Friday's New York Times, that Tom Brady has

Staph Infections Tackle NFL's Manning and Brady been taken down by the same overpowering thug. Try as they might, NFL teams can't seem to get a handle on the highly invasive and career damaging infectious disease known as a staph infection, or in most cases, MRSA.

How about Josh Morgan of the SF 49ers and he contracted the disease while playing against the Raiders in Oakland so the Raiders also have have a MRSA problem and even the media covering the team has staph so should people from the Bay area begin mass legal action?

Josh Morgan MRSA

Josh Morgan Had Staph Infection

had high hopes for San Francisco 49ers rookie receiver Josh Morgan. He caught nine passes for 182 yards and a touchdown in the 49ers’ first two exhibition games. He looked like the second coming of T.O. to the Bay area. Then he apparently caught a staph infection from the infield dirt at Oakland-Alameda County Coliseum because he sort of disappeared for a while. Josh started missing practice time and didn’t play in the Niners’ final preseason game. And the only information head coach Mike Nolan revealed was that Josh had an “undisclosed illness.” Josh has appeared in all three regular season games, but he’s clearly been limited and troubled by this illness.

Matt Maiocco from PressDemocrat.com (who has been covering the 49ers for 14 years) spoke with Josh a couple days ago and confirmed that he did have a staph infection. And now, reports have surfaced that teammate Keith Lewis has a staph infection. This matter has been kept private and I can certainly respect that, but it seems the league has a very serious matter on their hands ... there’s still no “official” word from the team on exactly what is happening with these staph infections.

Miami had an epidemic but a media veil of silence was thrown over the ordeal.

Miami battling staph infections

Dolphins battling staph infections

By Carl Kotala, Florida Today

DAVIE, Fla. — The New York Giants aren't the only opponent the Miami Dolphins must confront this week.

After linebacker Junior Seau became the fourth team member to come down with a staph infection ...

Seau spent two days in a San Diego hospital while receiving intravenous treatment for staph infection, a highly contagious bacterial infection that can result in boils and swelling. Return man Charlie Rogers spent several days in the hospital prior to the Buffalo game with an infection and swelling in his right arm. Running back Travis Minor and rookie linebacker Corey Jenkins also have been treated for the infection.

"That's crazy. I don't understand how it's being caused or what's going on, but I'm glad it's been brought to guys' attention and they're addressing it," defensive tackle Larry Chester said. "We haven't been told much of anything but to take care of yourself, take care of your body. It's pure speculation, what we've read." ...

Pittsburgh and staph.

Steeler staph infection problem

... By waiving the 33-year-old Lloyd, the Steelers save $2.8 million under the salary cap. They still must count $1.2 million of Lloyd's pro-rated signing bonus - or $600,000 per season - under the cap in 1998 and 1999.

Lloyd, who limped badly during minicamp in May as the result of an ankle sprain and staph infection sustained in November, did not take the news well.

The New York Giants and staph

Giants staph infection problem

Giants' O'Hara out of hospital after staph infection, will play Sunday

This is a bigger than just the NFL. Staph of one form or another is colonized in the general population with staph with 1% who colonize MRSA.

MRSA epidemic

... Staphylococcus aureus, or "staph," are bacteria often carried on the skin or in the nose of healthy people. While 25% to 30% of the population is colonized with staph, approximately 1% is colonized with MRSA (staph that is resistant to methicillin). Colonized refers to the presence of bacteria that are not causing an infection.

So in a nation of 300 million people, and where 1% is carrying MRSA.I'm sure you can do the math to see that this is a much bigger problem than people realize.

 

[bicycle_seat_sniffer]

Staph infections in the NFL.Tom Brady and Peyton Manning, should they begin litigation?

If it cost them their career they should.

 

[Bobcat10]

Staph infections in the NFL.

Tom Brady and Peyton Manning, should they begin litigation?

If it cost them their career they should.

To be fair here, those players were younger.Also, before any of this happened, JJ was saying maybe one more year. So let's not have a pity party for JJ here.

 

[AhrnCityPahnder]

http://blog.cleveland.com/metro/2010/04/fe..._jureviciu.html

CLEVELAND, Ohio -- A federal judge ruled Wednesday that former Cleveland Browns receiver Joe Jurevicius can proceed with his claims against the team in state court for incurring a staph infection at the team's training facility two years ago.

U.S. District Judge Solomon Oliver Jr. said the Browns' contention that the case should be dismissed outright because of an NFL collective bargaining agreement, which has an arbitration procedure, was not valid.

He ruled that eight of Jurevicius' claims against the Browns, including negligence, negligent misrepresentation and fraud, arose from state law and not the NFL's collective bargaining agreement. Oliver remanded the case back to the Cuyahoga County Common Pleas Court.

Jurevicius, 36, a Chardon-area native and football standout at Lake Catholic High School in Mentor, signed for four years with the Browns as a free agent in 2006, but played only two before incurring his first problem with staphylococcus "staph" infection in his right knee in January, 2008 at the Browns facility in Berea while undergoing off-season rehabilitation following arthroscopic surgery at the Cleveland Clinic.

His lawsuit said that Cleveland Clinic doctors Anthony Miniaci and Richard Figler neglected to tell Jurevicius that potentially hazardous conditions existed with the Browns' training and rehabilitation equipment -- six players had been stricken with staph infections in previous seasons -- and that the team adopted an "all is well" position.

Jurevicius also said in his suit that because the Browns failed to address the staph infection problem at their training facility, he may never be able to play professional football again.

He initially sued the Browns last year on June 26.

"We're obviously pleased with Judge Oliver's ruling," said Shannon J. Polk, one of Jurevicius' attorneys. "We're looking forward to finally being able to prove Joe's claim against the Browns and the Cleveland Clinic in state court.

"Like most big businesses do, the Browns and the Cleveland Clinic both took their shot at trying to get Joe's case thrown out on procedural grounds. It didn't work."

Oliver's ruling did not discourage Frederick R. Nance Jr., one of the attorneys representing the Browns. He noted that the court dismissed two "egregious" claims - that of constructive fraud and breach of fiduciary duty, and they are subject to arbitration.

"It's just another step in the process for us," Nance said. "Under the same rationale properly applied in state court, we can have the entire matter go to arbitration."

 

[TxBuckeye]

It's not going to go to trial, but yes, I am sure he will get a nice settlement. He has a very good case, and I highly doubt the doctors or the Cleveland Browns will want to see this go to trial.

Thank god! Poor underpaid NFL players, never know where their next meal is coming from.

 

[Steelfan7]

It's not going to go to trial, but yes, I am sure he will get a nice settlement. He has a very good case, and I highly doubt the doctors or the Cleveland Browns will want to see this go to trial.

Thank god! Poor underpaid NFL players, never know where their next meal is coming from.

NFL owners are waiting in soup lines as well.

 

[JamesTheScot]

Seriously they were talking today on Sirius about the measures the Browns have taken to get rid of staph in their facilities (down to the guys in the white suits spraying "stuff")...with that said, they literally are a magnet for the crap, so I am not sure what to make of it, but they should have moved facilities. I know it sounds silly when you consider just 4-5 guys may have contracted it there, but they are 4-5 guys paid millions that the team has to eat and insurance rates go up...bomb the building and move 20 miles away in any direction.

It will be interesting to see how this one turns out. It's difficult to win a negligence action on infection cases if the facility shows that they followed accepted medical standards for sterilization and cleaning. You'd be surprised at how many hospitals have an increased staph rate in certain of their operating suites despite the fact that identical illnesses are treated in each suite and the same people and sterilization methods are employed in each one. Staph is hard to eradicate, even when you do everything right. And if you took the position that you should never be exposed to it, you'd could never find a place to meet that requirement. I'd go so far as to say that every person reading this thread has staph on their skin right now. I think the 30% quote is probably too low.Joe can't just prove he contracted staph at the facility and the facility has a history of infections, he has to show he contracted staph due to someone's negligence. But it's an interesting argument to make that the physicians should have informed him of the unusually high contraction rate so that he could choose whether or not to be treated there. Failure to inform a patient of risk factors is a basis for a medical malpractice case...assuming that the information withheld would have changed the patient's mind and thus helped him/her avoid the harm.

 

[daveR]

Seriously they were talking today on Sirius about the measures the Browns have taken to get rid of staph in their facilities (down to the guys in the white suits spraying "stuff")...with that said, they literally are a magnet for the crap, so I am not sure what to make of it, but they should have moved facilities. I know it sounds silly when you consider just 4-5 guys may have contracted it there, but they are 4-5 guys paid millions that the team has to eat and insurance rates go up...bomb the building and move 20 miles away in any direction.

It will be interesting to see how this one turns out. It's usually difficult to win a negligence action on infection cases if the facility shows that they followed accepted medical standards for sterilization and cleaning. You'd be surprised at how many hospitals have an increased staph rate in certain of their operating suites despite the fact that identical illnesses are treated in each one and tha same people and methods are used to clean and sterilize each one. Staph is hard to eradicate, even when you do everything right. And if you took the position that you should never be exposed to it, you'd could never find that place. I'd go so far as to say that every person reading this thread has staph on their skin right now.Joe doesn't have to only prove he contracted staph at the facility and the facility has a history of infections, he has to show he contracted staph due to someone's negligence. But it's an interesting argument to make that the physicians should have informed him of the unussually high contraction rate so that he could choose whether or not to be treated there. Failure to inform a patient of risk factors so that the patient can make an informed decision is a basis for a medical malpractice case...assuming that the information withheld would have changed the patient's mind and thus caused the patient to avoid the harm.

Everybody has staph on his skin. Nobody can protect you against it except you.You can bring NASA into a facility to eradicate germs, and the next day (unless you keep it hermetically sealed on Funk & Wagnall's back porch) they're back.The best defense against infection is to keep all cuts, abrasions, etc., covered and to wash your hands before eating. Only you can protect you.

 

[JamesTheScot]

This has as much chance of going to trial as Maurice Clarett has to playing in the NFL. If he sues and wins, they have 4 or 5 more multi million dollar law suits lined up to slam dunk them. Mal practice insurance is already wildly expensive, lose this and 4 or 5 more? I just cant imagine insurances companies and the doctors wanting 11 disgruntled Brown fans deliberating this case on a Monday morning after another Sunday debacle.

Think again. If they settle, how many people will read that as an admission of guilt...of having an uncontrollable staph infection problem with Cleveland Clinic's name attached.Exhoneration in the court proceeding may be the only way the medical parties can clear their name and convince the public they aren't getting people infected. Would you roll into a medical clinic that just paid hush money to a plaintiff who had sued them for having a staph problem? The publicity cat is already out of the bag. The time to settle this matter quietly may be long past. Chances are that Joe's legal team was in communication with the team and the clinic long before suit was filed. We can assume that negotations went nowhere, which is why suit was filed.

 

[Christo]

Seriously they were talking today on Sirius about the measures the Browns have taken to get rid of staph in their facilities (down to the guys in the white suits spraying "stuff")...with that said, they literally are a magnet for the crap, so I am not sure what to make of it, but they should have moved facilities. I know it sounds silly when you consider just 4-5 guys may have contracted it there, but they are 4-5 guys paid millions that the team has to eat and insurance rates go up...bomb the building and move 20 miles away in any direction.

It will be interesting to see how this one turns out. It's difficult to win a negligence action on infection cases if the facility shows that they followed accepted medical standards for sterilization and cleaning. You'd be surprised at how many hospitals have an increased staph rate in certain of their operating suites despite the fact that identical illnesses are treated in each suite and the same people and sterilization methods are employed in each one. Staph is hard to eradicate, even when you do everything right. And if you took the position that you should never be exposed to it, you'd could never find a place to meet that requirement. I'd go so far as to say that every person reading this thread has staph on their skin right now. I think the 30% quote is probably too low.Joe can't just prove he contracted staph at the facility and the facility has a history of infections, he has to show he contracted staph due to someone's negligence. But it's an interesting argument to make that the physicians should have informed him of the unusually high contraction rate so that he could choose whether or not to be treated there. Failure to inform a patient of risk factors is a basis for a medical malpractice case...assuming that the information withheld would have changed the patient's mind and thus helped him/her avoid the harm.

Why wouldn't his negligence claims be precluded by workers' comp?

 

[TxBuckeye]

It's not going to go to trial, but yes, I am sure he will get a nice settlement. He has a very good case, and I highly doubt the doctors or the Cleveland Browns will want to see this go to trial.

Thank god! Poor underpaid NFL players, never know where their next meal is coming from.

NFL owners are waiting in soup lines as well.

The owner is suing Joe Jurevicius??? Missed that.

 

[JamesTheScot]

Seriously they were talking today on Sirius about the measures the Browns have taken to get rid of staph in their facilities (down to the guys in the white suits spraying "stuff")...with that said, they literally are a magnet for the crap, so I am not sure what to make of it, but they should have moved facilities. I know it sounds silly when you consider just 4-5 guys may have contracted it there, but they are 4-5 guys paid millions that the team has to eat and insurance rates go up...bomb the building and move 20 miles away in any direction.

It will be interesting to see how this one turns out. It's difficult to win a negligence action on infection cases if the facility shows that they followed accepted medical standards for sterilization and cleaning. You'd be surprised at how many hospitals have an increased staph rate in certain of their operating suites despite the fact that identical illnesses are treated in each suite and the same people and sterilization methods are employed in each one. Staph is hard to eradicate, even when you do everything right. And if you took the position that you should never be exposed to it, you'd could never find a place to meet that requirement. I'd go so far as to say that every person reading this thread has staph on their skin right now. I think the 30% quote is probably too low.Joe can't just prove he contracted staph at the facility and the facility has a history of infections, he has to show he contracted staph due to someone's negligence. But it's an interesting argument to make that the physicians should have informed him of the unusually high contraction rate so that he could choose whether or not to be treated there. Failure to inform a patient of risk factors is a basis for a medical malpractice case...assuming that the information withheld would have changed the patient's mind and thus helped him/her avoid the harm.

Why wouldn't his negligence claims be precluded by workers' comp?

They presumably would if worker's comp applies. But I don't know that it does. With all the injuries NFL players have had, I've never heard of worker's comp being invoked. I suspect that there's an exemption from it on the state level the same as there is for anti-trust on the federal level.And I don't think that worker's comp would bar a claim against the physicians. Chances are the physicians are independent contractors as opposed to employee agents of the team.But my worker's comp fu is admittedly weak....and would effectively be worthless as it would relate to Ohio specific law. I'm a transplanted Browns fan.

 

[Christo]

Apparently, workers' comp does apply to NFL players:

Teams Dispute Workers’ Comp Rights

By ALAN SCHWARZ

Published: April 6, 2010

Reinard Wilson knew something was up last March when he opened an envelope from the Cincinnati Bengals, unfolded a check and noticed its amount: $0.00.

For several months, Wilson had received $230 a week in California workers’ compensation for injuries incurred while playing linebacker and defensive end for the Bengals from 1997 to 2002.

When those payments abruptly stopped, Wilson became one of dozens of retired professional football players caught in a legal battle over workers’ compensation rights. The cases will largely determine the future of a system that has delighted the players and vexed the teams.

California provides the only workers’ compensation system that allows retired pro athletes to file claims for long-term injuries sustained on playing fields years or even decades before. Quietly, hundreds of football players have received awards or settlements worth at least $100,000 and 700 more players are pursuing claims, many of them by satisfying California’s unique requirement that they played at least one game within state borders.

The Bengals and some other teams, like the Tennessee Titans and the Miami Dolphins, have attempted to wrest their cases from California to their own states, where most of the claims would be worth far less or inviable.

“It was the sheer number of claims that really started to get the attention of certainly the Bengals and, I think, of other clubs as well; it became an extreme cost,” said Sam Duran, a lawyer based in Cincinnati who represents the Bengals in workers’ compensation matters. “These players have workers’ compensation rights. Those rights happen to be in Ohio.”

Other teams’ legal departments are following the proceedings closely, said Todd Davis, who handles workers’ compensation for the St. Louis Rams.

“Am I rooting for the Bengals? Personally, yes,” Davis said. “I’d like to see less cases that don’t belong in California not allowed in California.”

The Bengals situation, as it has become known among the few people paying attention to it, has developed into a knot of legal strings, cases, venues and precedents that even those involved have difficulty untying.

The Bengals have included a paragraph in player contracts aimed at restricting workers’ compensation options only to Ohio. The Titans have done the same for Tennessee.

The Miami Dolphins are arguing on a different front that the collective bargaining agreement with the N.F.L. players’ union requires players to go through a special arbitration process rather than file in California. Florida does not recognize professional athletes as employees, so this arbitration system mimics how Florida handles injuries in other professions.

When Wilson and dozens of other players ignored the clause in their contracts and filed workers’ compensation cases in California, the Bengals sued them in state court. Those cases have since been moved to federal court in Ohio and are expected to be decided this month.

The Titans’ and the Dolphins’ cases reside in the arbitration system that the league and union use to settle disputes over their labor agreement.

The union contends that the Bengals’ and the Titans’ contract clauses are unenforceable because California law forbids employees from signing away certain work conditions, like minimum wage. Nor could the union itself bargain away those rights on behalf of players collectively in current negotiations over a new labor agreement.

Two United States Supreme Court cases in the 1930s and several similar actions since then have been decided along those lines.

Lawyers working for the union maintain that employees from states with limited workers’ compensation benefits can file in any state that will accept them.

“They have for decades sought benefits in other states,” said Adam Kaiser, a lawyer in the New York office of Dewey & LeBoeuf who is handling the issue for the players union. “They’re entitled to do that. The Supreme Court has said so. The state legislatures in those states have said so.”

The fight has become pointed among the courts, let alone the two sides. After an Ohio judge granted the Bengals’ motion to vacate the California awards pursued by Wilson and other Bengals, the California workers’ compensation judge Joanne M. Coane rebuked not only the team but the Ohio court for issuing the ruling, saying the court was “not legally empowered” and that the ruling “has no legal effect.”

In a similar case involving the former Bengals wide receiver Eddie Brown, the California workers’ compensation judge Robert E. Drakulich wrote, “Simply put, if you choose to do business in California, you become subject to California jurisdiction.”

Eventually, the Brown case — which resides in the relatively insular California workers’ compensation court in Santa Ana — may be far more significant than those in arbitration and federal court.

Brown’s contract did not purport to waive any rights. Rather, the Bengals are attempting to prove that the case law requiring an athlete to play one game in the state does not apply to Ohio-based players — including the Cleveland Browns — because of the intermingling of several of the states’ laws.

The Eddie Brown case has wider implications for retired athletes. Although a California workers’ compensation judge would essentially have to admit misapplying the law for years and costing teams millions of dollars, a ruling against Brown could lead to a requirement that players must have worked for California-based teams or be California residents to be eligible to file there. This would effectively close the back door through which hundreds of middle-aged football players, many with insubstantial pensions, have been pursuing workers’ compensation claims.

Deidre E. Lowe, the California appeals board judge who remanded the Brown case to the lower workers’ compensation court, strongly directed that the state’s process of handling out-of-state football players be examined in depth.

“We have found no California case where jurisdiction was found over the claim of a professional athlete in a case such as this,” Lowe wrote.

http://www.nytimes.com/2010/04/07/sports/f...l?th&emc=th