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In Webster's case, four doctors submitted independent reports diagnosing him as "totally and permanently disabled" as of 1991, the year he officially retired. So did a so-called "neutral" doctor appointed by the board. The board unanimously disagreed and rejected the appeal, arguing that Webster was working as late as 1996 when disability benefits first kicked in. Up until the Webster case, the Retirement Board was undefeated in similar claims involving what are called "retroactive" benefits. If Webster won his case, so the argument went, it would open a proverbial Pandora's Box of similar claims. Last December, a federal court ruled in favor of the Webster family. The judge wrote regarding the decision, that the disability plan's behavior "indicates culpable conduct, if not bad faith." With that Pandora's Box in mind, I now take you back in time...to the historic 1993 Collective Bargaining Agreement (CBA) and the groundbreaking revenue sharing arrangement between the owners and the union that formed the foundation of the deal. As confirmed by top union and league officials, in exchange for the owners agreeing to spend about 60 percent of certain gross revenues on "player costs" – salary and benefits – the union agreed (emphasis added) to fund 100 percent of the pension and disability plans, meaning any payments to former players would come out of the union's share of the pie. In subsequent extensions of the CBA the percentage and revenues have changed but not the terms of the funding. That means, in essence, since 1993, the NFLPA has been the "insurance provider" for retired players. From here it's no great leap to argue this logic: the fewer disability cases involving former players you fund the more money that stays in the pocket of current ones. Forget 317 for a minute. How many thousands of other retirees have tried and failed to get disability benefits under the plan? No one outside retirement board insiders knows for sure. Now, after months of negative publicity and caustic Congressional hearings, we have news of an "alliance" between the league and union, which commits at least $7 million more to help pay for joint replacement surgeries and other operations, and "new procedures to speed up disability awards to retired players." In protest, Coach Ditka did not attend the meeting that resulted in a "new benefit initiative" that amounts to one-tenth of one percent of overall league revenues. Neither did former Cleveland Browns cornerback Bernie Parrish, who is suing Upshaw and Players Inc. over several issues, including the retirement plans. It's a lawsuit that may well become the key that opens the door to Upshaw Inc. A door that should open wide to benefit all those whose sweat and blood built America's Game. Eight-time Emmy Award winning Armen Keteyian is the Chief Investigative Correspondent for CBS News in New York and executive editor of Hall of Fame Magazine. You can contact him at
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