A Texas appellate court has overturned workers compensation benefits awarded to a former professional football player, the decision coming after the court earlier ruled on a venue dispute issue in the case.
The Court of Appeals of Texas, Fifth District in Dallas on Tuesday determined that a trial court was wrong to award Alcus Reshod Fortenberry temporary income benefits under the Texas Workers’ Compensation Act and that a prior determination by the Texas Department of Insurance, Division of Workers’ Compensation’s appeals panel correctly found benefits were inappropriate.
Mr. Fortenberry entered into a contract with the National Football League in 2015 to play with the Dallas Cowboys. He was injured while practicing at the team’s Oxnard, California, training camp that August.
Mr. Fortenberry, who was terminated in May 2016, received compensation from the football club for the 2015 season in accordance with his contract. He subsequently filed a claim for workers comp, and while the insurer accepted the claim, it disputed the right to receive indemnity benefits because Mr. Fortenberry received separate benefits, including injury protection benefits, through his players’ contract.
The appeals court noted that players who elect to receive certain benefits through their collective bargaining agreement bars them from receiving comp benefits, including temporary income benefits.
The appeals court reversed the lower court decision and further ordered that Mr. Fortenberry reimburse the comp insurer, Great Divide Insurance Co., for costs spent on the appeal.