Court: Ex-NFL punter eligible for workers comp

Associated Press Modified: August 23, 2012 at 11:15 am •  Published: August 22, 2012
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ANNAPOLIS, Md. (AP) — Longtime-NFL punter Tom Tupa is eligible for workers compensation for a career-ending back injury he suffered while warming up for a preseason game in 2005 at FedEx Field while playing for the Washington Redskins, Maryland's highest court ruled on Wednesday. The court rejected the idea that football injuries should not be considered accidental because of the rough nature of the sport.

Tupa's injury happened "out of and in the course of (his) employment," the Maryland Court of Appeals said in its 16-page opinion.

"He was warming up for a game when he landed awkwardly and thereafter sought immediate medical treatment," Judge John Eldridge wrote in the opinion. "Ample evidence was presented to show that Tupa suffered a compensable accidental injury during the course of his employment."

The team and insurers argued that Tupa's injury was not an accidental personal injury within the meaning of Maryland's workers' compensation law.

The court rejected that argument.

"I don't think that clubs are now able to argue that, since football is a hazardous employment, players don't get workers' compensation benefits," said Benjamin Boscolo, Tuba's attorney.



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