Green v. New Orleans Saints

Decision Date13 November 2000
Docket NumberNo. 2000-C-0795.,2000-C-0795.
Citation781 So.2d 1199
PartiesPaul E. GREEN v. The NEW ORLEANS SAINTS.
CourtLouisiana Supreme Court

Sammie Maurice Henry, Baton Rouge, LA, Counsel for Applicant.

Simeon Bernard Reimonenq, Jr., Counsel for Respondent.

Robert Leo Hackett, New Orleans, LA, Counsel for National Football League Player's Association and James Dombrowski (Amicus Curiae).

VICTORY, J.

We granted a writ in this workers' compensation case to determine whether the lower courts correctly determined that the employer, the New Orleans Saints football team (the "Saints"), is entitled to an offset for a payment made to the plaintiff, Paul E. Green ("Green"), pursuant to an August 19, 1997 "Agreement and Release," against workers' compensation benefits based upon a time period rather than a dollar-for-dollar basis as provided for in La. R.S. 23:1225(D). After reviewing the record and the applicable law, we reverse the lower courts and find that the Saints are entitled to an offset for the full amount of the "Agreement and Release" payment on a dollar-for-dollar basis under La. R.S. 23:1225(D).

FACTS AND PROCEDURAL HISTORY

Green entered into a contract to play professional football with the Saints for the 1997 football season (the "Contract"). The Contract went into effect on April 7, 1997 and was to end on February 29, 1998, unless extended, terminated, or renewed. Green's base salary was $105,000.00. Green sustained a right knee injury on July 14, 1997, and shortly thereafter, although the exact date is unclear, suffered a hernia injury, both prior to the start of the 1997 season. He underwent a hernia repair and an arthroscopy on his right knee on August 20, 1997.1 On August 19, 1997, the Saints and Green entered into a "Agreement and Release," acknowledging that Green had an inguinal hernia, that his convalescence period would be 4-6 weeks, and that in exchange for a payment of $38,210.88, plus reasonable and customary medical and rehabilitation expenses for his hernia injury, Green released the Saints "from any and all claims arising from or related to [his] employment" and "any medical care incident to such employment." In addition, Green released the Saints from their obligation to pay his salary and medical expenses under Paragraphs 5 and 9 of the Contract, effectively terminating Green's contract with the Saints. On July 8, 1998, Green filed a LDOL-WC 1008 alleging entitlement to workers' compensation benefits for knee and hernia injuries. He has not returned to playing professional football.

In his workers' compensation suit, Green alleged that he was entitled to the maximum workers' compensation benefits of $341.002 per week from August 19, 1997 minus a four to six weeks offset, representing the period of time for which he was paid the $38,210.88 settlement. He contends that the Saints can utilize their dollar-for-dollar offset only against the amount due under workers' compensation for the 4-6 week recuperative period of time as set forth in the Agreement and Release and Contract, and not against a future workers' compensation benefit. The Saints contend that they are entitled to a dollar-for-dollar credit for the $38,210.88 paid to the claimant and that they are not obligated to pay weekly indemnity benefits until the $38,210.88 is exhausted. If Green is awarded $341.00 per week as he has requested, he would receive approximately $17,732.00 per year, meaning that under the Saint's theory, Green would not begin to receive workers' compensation benefits for over two years from August 19, 1997, while under Green's theory, he would begin to receive these benefits six weeks after August 19, 1997.

The case was submitted on briefs, with the parties stipulating that the only triable issue was whether the Saints were entitled to an offset, and if so, for how much. The workers' compensation judge agreed with Green on the offset issue and found that the Saints were entitled to a dollar-for-dollar credit for workers' compensation benefits due during the six weeks time period which was paid pursuant to the Agreement and Release. The workers' compensation judge also found that Green was "entitled to weekly workers' compensation benefits in the amount of Three Hundred Forty One Dollars($341.00) per week after the expiration of the six week period, for his knee injury and related medical expenses."3 The court of appeal affirmed the workers' compensation judge's ruling on the offset issue, but appears to have remanded all other issues, including Green's entitlement to SEB's, back to the workers' compensation judge for further proceedings.4Green v. New Orleans Saints, 99-1057 (La.App. 5 Cir. 2/16/2000), 757 So.2d 36. We granted the Saints' writ to decide the offset issue. Green v. New Orleans Saints, 00-0795 (La.5/5/2000), 760 So.2d 1185.

DISCUSSION

La. R.S. 23:1225(D) provides:

The compensation benefits payable to a professional athlete under any provision of this Chapter shall be reduced or offset by an amount equal to the total amount of benefits, wages, or other type of payment mentioned in any part of this provision on a dollar-for-dollar basis and not just on a week-to-week basis, if a professional athlete receives payment or remuneration from any of the following or payment of any type from any of the following:
(1) Any wages or benefits payable or paid to the athlete.
(2) A collective bargaining agreement.
(3) A contract of hire of any type.
(4) Any type of severance pay.
(5) Any type of injured reserve pay.
(6) Any type of termination pay.
(7) Any grievance or settlement pay.
(8) Any worker's compensation benefit of any type.
(9) Any other payment made to the professional athlete by the employer pursuant to any contract or agreement whatsoever.

This is a workers' compensation statute that applies only to "professional athletes." It allows an offset against workers' compensation benefits of a broad range of payments made to the player, including any wages, any grievance or settlement payments, or "any other payment.. pursuant to any contract or agreement whatsoever." As both lower courts recognized, under La. R.S. 23:1225(D), the Saints would clearly be entitled to an offset for the total amount of the $38,210.88 payment, as the statute provides for an offset by an amount equal to the total amount of the payment paid on a dollar-for-dollar basis.

However, the workers' compensation judge found that the Contract between Green and the Saints provided Green with rights in excess of La. R.S. 23:1225(D).5 The Contract was prepared by the National Football League and the NFL Players' Association and is the standard contract used by all teams in the NFL. Paragraph 10 of the Contract provides:

WORKERS' COMPENSATION. Any compensation paid to Player under this contract or under any collective bargaining agreement in existence during the term of this contract for a period during which he is entitled to workers' compensation benefits by reason of temporary total, permanent total, temporary partial, or permanent partial disability will be deemed an advance payment of workers' compensation benefits due Player, and Club will be entitled to be reimbursed the amount of such payment out of any award of workers' compensation. (Emphasis added.)

The lower courts found that this provision was ambiguous in that it could be interpreted to mean that the parties contracted to an offset based on time (four to six weeks, i.e., the "period during which he [was] entitled to workers' compensation benefits") or based on the dollar-for dollar amount ($38,210.88). Relying on the Fourth Circuit's decision in Ricketts v. New Orleans Saints, the court of appeal found that "the defendant waived any right to a dollar-for-dollar offset under R.S. 23:1225 by signing this contract and by not incorporating similar language [found in the statute]." 757 So.2d at 39 (citing Ricketts v. New Orleans Saints, 96-0760 (La. App. 4 Cir. 12/4/96), 684 So.2d 1050,writ denied,97-0020 (La.3/7/97), 689 So.2d 1373)6. Other courts that have not allowed a dollar-for-dollar offset have reasoned that because the employer's obligation to pay benefits for an injury under a player's contract ceases with the expiration of the contract, it is unjust to allow the employer a credit for the payment of those benefits against workers' compensation benefits that are not payable until after the expiration of the player's contract. See Anderson v. Pro-Football, Inc., Dir. Dkt. Nos. 88-55, Government of the District of Columbia, Department of Employment Services, Decision of the Director (Mar. 3, 1995) (holding that the offset under Paragraph 10 is limited to compensation payable during the one year contract period when a player's salary was actually paid); accord Tampa pay Area NFL Football v. Jarvis, 668 So.2d 217

(Fla. Dist. Ct.App. 1st Dist. 1/23/96); In the Matter of Arbitration Between Miami Dolphins, Ltd. v. Smith, Order and Decision of Sam Kagel National Arbitrator (April 21, 1996).

Recently, the First Circuit was presented with the same issue in Dombrowski v. New Orleans Saints, 99-0008 (La.App. 1 Cir. 3/31/2000), 764 So.2d 980. In that case, Jim Dombrowski was injured during a football game on November 17, 1996 and did not play during the 1997 season. In lieu of his regular salary for the 1997 season, he received $200,000 pursuant to an injury protection provision contained in a Collective Bargaining Agreement. He began receiving weekly compensation benefits of $341.00 at the conclusion of the 1997 season and the Saints sought a credit for the $200,000 on a dollar-for-dollar basis, rather that a week to week basis. The First Circuit, expressly disagreeing with the Fourth Circuit's opinion in Ricketts, held that paragraph 10 of the Contract was clear and explicit and did not amount to a waiver of the statutory dollar-for-dollar offset set forth in La. R.S. 23:1225(D). We agree.

When the words of a contract are clear, explicit and lead to no absurd consequences, no...

To continue reading

Request your trial
16 cases
  • Alford v. Chevron U.S.A. Inc.
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • April 1, 2014
    ...a contract is entered into are incorporated into and form a part of the contract as though expressly written.” Green v. New Orleans Saints, 781 So.2d 1199, 1203 (La.2000) (citing Bd. of Comm'rs of Orleans Levee Dist. v. Dep't of Natural Res., 496 So.2d 281, 294 (La.1986) ). Conversely, a st......
  • W&T Offshore, Inc. v. Apache Corp.
    • United States
    • U.S. District Court — Southern District of Texas
    • January 16, 2014
    ...into and form a part of the contract, as though expressly written therein." (Docket Entry No. 68 at 34 (citing Green v. New Orleans Saints, 781 So. 2d 1199, 1203 (La. 2000); Bd. of Comm'rs of Orleans Levee Dist. v. Dep't. of Natural Res., 496 So. 2d 281, 294 (La. 1986); Hayesv. New Orleans ......
  • Alford v. Anadarko E&P Onshore LLC
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • April 22, 2014
    ...a contract is entered into are incorporated into and form a part of the contract as though expressly written." Green v. New Orleans Saints, 781 So. 2d 1199, 1203 (La. 2000) (citing Bd. of Comm'rs of Orleans Levee Dist. v. Dep't of Natural Res., 496 So. 2d 281, 294 (La. 1986)). Conversely, a......
  • Dombrowski v. New Orleans Saints
    • United States
    • Court of Appeal of Louisiana — District of US
    • August 2, 2006
    ...764 So.2d at 983. The supreme court denied Dombrowski's application for a writ of certiorari, citing Green v. New Orleans Saints, 00-0795 (La.11/13/00), 781 So.2d 1199. Dombrowski v. New Orleans Saints, 00-2103 (La.12/15/00), 777 So.2d In March 2004, Dombrowski filed a second disputed claim......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT