His lawyer would have.
Personally I think this concussion issue is the tip of the ice berg. I have little doubt that John Barnes case is legit.
I have mates that I played with that have definitely been impacted mentally by concussion after playing football in the country. By impacted I mean their personality changed, their ability to think clearly changed, even their speech changed, and if I know a couple, well there is possibly several hundred or even thousands of potential law cases out there. Once science can identify these cases whilst the impacted are still aliveâŚlegal Armageddon is coming for the AFL and leagues all around Australia IMO.
Watch this space
I donât think so. Iâm not an expert, but my understanding is that Common Law under WorkSafe Victoria requires negligence and fault on the employerâs behalf. I think it would be difficult to prove that those country leagues knew any more about concussion and how it should be handled than the players playing.
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what would happen if player x got it and the league and umps were allowing player x to be assaulted on-field without stopping it (cause he has to earn his kicks)âŚthat is negligence isnât it. If player x could provide evidence that he was belted around and either the umps didnât stop it or the tribunal let the guilty parties off continually, is that negligence in this case?..cause thatâs what went on in some country leagues unbelievably.
And I guess if Danny Frawley got it, then there must be a lot of ball players that also have got it
If someone can show that the league they played in was negligent in allowing them to be belted regardless of whether they have concussion I would think they have a case (not necessarily under the workersâ compensation laws). Again, layman here.
If players arenât coming off for concussion in recent years when there is significant knowledge of it and its risks, that would most definitely create a case. As long as they were employees and not just playing for fun. In the later case, it would be Liability law, and the player may have some joint culpability given they would also know the risks around concussion, and fault must be proven.
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They regularly get 6 month suspensions for all different types of injuries.
Time Between Bouts
This new rule is to avoid a fighter, fighting on a " Different Promotional " event less then 7 days after a fight or a fighter fighting too soon after being defeated by a Knock Out or TKO by too many striking blows.
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If the fighter is fighting in a TOURNAMENT within a 3 day time span and does not lose by KO/TKO and is not cut or injured during their bout, the âTime Between Boutâ Rule does not apply.
- 6-08: Fighters in a TOURNAMENT MUST be checked by a Licensed MD after EACH BOUT to assure they are in good health to continue to the next round.
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TIME BETWEEN BOUTS
- 7 days or 168 Hours before stepping into the ring or cage to fight again.
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Example: If you fight on Friday night the 1st at 6:PM, you cannot fight again until the following weekend, Friday night the 8th at 6:01 PM
- There are other reasons for this rule as well. These reasons will also explain why a fighter can fight multiple times within 2-3 days if only on the SAME event. Such as;
- It stops a fighter from booking back to back fights where as the second fightâs promoter risks him not being on his event if injured the week before.
- It gives the sanctioning bodies and the MMA Databases a chance to make sure all the fighters results are made public. An amateur fighter could fight as a pro and turn around and fight as an amateur a week later because the news had not gotten out yet he fought pro.
- There are other reasons for this rule as well. These reasons will also explain why a fighter can fight multiple times within 2-3 days if only on the SAME event. Such as;
- FINE & SUSPENSION: If ANY AMATEUR fighter is caught breaking this rule, by fighting for another organization or on an unsanctioned event within 7 days of an ISCF Sanctioned event, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
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Example: If you fight on Friday night the 1st at 6:PM, you cannot fight again until the following weekend, Friday night the 8th at 6:01 PM
- 7 days or 168 Hours before stepping into the ring or cage to fight again.
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CHOKED UNCONSCIOUS
- Minimum of 30 Day Medical Recovery Suspension.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the issue and while still at the event, issue a medical suspension of a minimum of 30 days to the fighter who was choked unconscious.
- FINE & SUSPENSION: If ANY Fighter is caught breaking this suspension rule, by fighting for another organization or on an unsanctioned event during their medical suspension, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the issue and while still at the event, issue a medical suspension of a minimum of 30 days to the fighter who was choked unconscious.
- Minimum of 30 Day Medical Recovery Suspension.
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TKO - TECHNICAL KNOCK OUT
- Minimum of 30 Day Medical Recovery Suspension.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the TKO and while still at the event, issue a medical suspension of a minimum of 30 days to the fighter knocked out or stopped.
- This is to assure that the fighter has time to recover from the blows suffered and be evaluated by a Licensed Medical Doctor to assure they are able to fight again and when.
- FINE & SUSPENSION: If ANY Fighter is caught breaking this suspension rule, by fighting for another organization or on an unsanctioned event during their medical suspension, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
- Minimum of 30 Day Medical Recovery Suspension.
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KO - KNOCK OUT
- Minimum of 45 days to 90 Day Medical Recovery Suspension.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the KO and while still at the event, issue a medical suspension of a minimum of 45 days to the fighter knocked out or stopped.
- This is to assure that the fighter has time to recover from the Knock Out or blows suffered and be evaluated by a licensed Medical Doctor to assure they are able to fight again and when.
- FINE & SUSPENSION: If ANY Fighter is caught breaking this suspension rule, by fighting for another organization or on an unsanctioned event during their medical suspension, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
- Minimum of 45 days to 90 Day Medical Recovery Suspension.
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FACIAL CUT
- 60 Day Medical Recovery Suspension OR WHEN Cleared by Medical Doctor.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the cut and while still at the event, issue a medical suspension of a minimum of 60 days to the fighter cut.
- FINE & SUSPENSION: If ANY Fighter is caught breaking this suspension rule, by fighting for another organization or on an unsanctioned event during their medical suspension, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the cut and while still at the event, issue a medical suspension of a minimum of 60 days to the fighter cut.
- 60 Day Medical Recovery Suspension OR WHEN Cleared by Medical Doctor.
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LIMB OR JOINT INJURY
- Minimum of 30 days to 120 Day Medical Recovery Suspension OR WHEN Cleared by Medical Doctor.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the injury and while still at the event, issue a medical suspension of a minimum of 30 days to the fighter injured.
- FINE & SUSPENSION: If ANY Fighter is caught breaking this suspension rule, by fighting for another organization or on an unsanctioned event during their medical suspension, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
- It is the responsibility of the Events Licensed Medical Doctor - Ringside Physician to evaluate the severity of the injury and while still at the event, issue a medical suspension of a minimum of 30 days to the fighter injured.
- Minimum of 30 days to 120 Day Medical Recovery Suspension OR WHEN Cleared by Medical Doctor.
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BROKEN BONE
- Minimum of 180 Day Medical Recovery Suspension OR WHEN Cleared by Medical Doctor.
- FINE & SUSPENSION: If ANY Fighter is caught breaking this suspension rule, by fighting for another organization or on an unsanctioned event during their medical suspension, that fighter will be suspended from competing by the ISCF for a minimum of 60 days and fined a Medical Rest Period Fine of $250.00. Suspension will remain until fine is paid.
- Minimum of 180 Day Medical Recovery Suspension OR WHEN Cleared by Medical Doctor.
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AMATEUR FIGHTER CONFIRMATION FORM
- To assure honesty and accountability, every fighter will be required to sign a AMATEUR FIGHTER CONFIRMATION FORM.
- This form can be found by clicking AMATEUR FIGHTER CONFIRMATION FORM.
- Once filled out, each fighter on the ISCF Sanctioned event must give this completed and signed form to the ISCF Event Representative " BEFORE THEIR FIGHT " stating in truth about his/her personal info and fight info
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With a common law damages claim, you can only claim for pain/suffering, or for economic damages. A 30% impairment assessment automatically entitles you (or as determined under the Accident Compensation Act), but how do you prove this with respect to concussion-based injuries?
Especially with CTE only being diagnosable post-mortem, it is extremely hard to link any actual loss of life enjoyment/earnings with a head injury when most footy players are missing one, maybe two weeks. A possible decline in mental faculties isnât going to cut it to determine impairment.
It becomes even more complicated when you try and calculate future earning capacity, as most footy players stop before their mid 30s. If a player is money smart, invests all his earnings and lives off the investment returns for the next 50 years, is he entitled to a loss of future earning capacity if he never intended to return to work?
Itâs one of the situations where the law is well behind, but I wouldnât expect case law to catch up. Youâd be more likely to see legislative changes pushed by the AFL/AFLPA in the form of new laws or amendments to the WorkCover scheme IMO.
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My understanding is you can only be found negligent of something you should have known about.
This research has only been coming out in the last⌠15? ish years.
I doubt itâd cover someone from Frawleyâs era, nor John Barnes. (And Iâve got other issues with Barnesâ claims, detailed above)
If they were intentionally doing it? Itâs battery and actionable under common law (McNamara v Duncan (1979) - AFL case)
The umpires donât have a duty of care to players, outside what is reasonable. Nor are country league players employees (for the most part). You cannot expect country leagues to research, generate and enforce their own concussion protocols, thatâs what the AFL is supposed to do and provide guidance for the rest of the country.
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Amendments to workers compensation laws are very seldom retrospective. So anyone who had a valid claim from injuries before the legislation took effect would probably be covered.
I agree though that linking performance to injuries would be hard. Although, it would be interesting if McCartin put in a claim. That said, weekly benefits are capped so its not like he would get anywhere near his (probable if uninjured) AFL salary, and he could only get weekly benefits if heâs not working.
Its why all workers compensation schemes in Australia exclude professional sports people (though some cover jockeys)
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I didnât know that (or remember it, I did work for the Victorian scheme 15 odd years or so ago).
Did I read that right? A $250 fine if they break the rules?
Donât the league (whichever league) essentially sign off that theyâre providing a safe ground (Aka workplace for the professionals) ?
Isnât that why team managers sign off on the ground condition & umpireâs report?
(None of which has much to do with concussions per se, but it does establish the league has some responsibility for safety)
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MMA fighters really donât earn much unless they are the top promoted fighters.
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I am not very impressed with the language used in my Yahoo news feed, they hype nearly everything up with the unnecessary use of adjectives. This article though is pretty good. It starts out weak and a bit unfocused, then gets into the real issue, and they donât hold back on Brian Taylor, whose comments might be the result of one too many blows to his own noggin. The sooner thy get rid of him from the common potator team, the better.
I read somewhere that Victoria is about the only State covering injuries in competition on the sporting field, something to do with a Lions Australian rules player lodging a claim in Victoria.
Iâm not sure what you read. But Iâm pretty sure its not correct.