Former Carolina Panther Eric Shelton Files Lawsuit Against NFL
Eric Shelton, a former NFL player, filed a lawsuit on Monday in Maryland federal court against the NFL Player Retirement Plan (the "Plan"). Shelton alleges that on July 26, 2008, he suffered a career ending injury as a result of a helmet to helmet collision in a preseason game. He claims that the Plan, while acknowledging that he was totally and permanently disabled, denied him full benefits because his disabilities allegedly did not "arise" within twelve (12) months from the date of the injury. Thus, instead of receiving $220,000 per year, Shelton received $110,000. According to Shelton's Complaint, the Plan is relying upon the fact that Shelton briefly worked at Walgreen's in support of the its assertion that he was not totally and permanently disabled after the injury. Shelton, on the other hand, claims he attempted to, but could not work, and therefore this is proof that he was in fact totally and permanently disabled within twelve (12) months after the injury.
The Complaint, brought pursuant to the Employee Retirement Income and Security Act, appears to have merit despite the absence of a complete factual record at this stage. There is no question that the Redskins' doctors determined that Shelton was seriously injured as a result of the July 26, 2008 collision, and should never play football again. On the other hand, Shelton's attorney, while disputing the Plan's claim that Shelton worked at Walgreen's for any significant period of time, does not disclose the actual duration of Shelton's post-injury employment. This will be an interesting case to follow, as it will be perceived that the Plan is punishing players for attempting to return their lives to some measure of pre-accident status.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.