Court rejects additional disability benefits for former NFL player Gene Atkins

A federal appeals court has denied additional disability benefits sought by a former National Football League player.

Former New Orleans Saints and Miami Dolphins player Gene Atkins filed a lawsuit in 2010 against the Bert Bell/Pete Rozelle NFL Player Retirement Plan after the retirement plan denied granting Mr. Atkins “football degenerative” status, which would have entitled him to greater disability benefits, according to court documents.

Mr. Atkins played professional football from 1987 until 1996, sustaining a number of injuries resulting from on-field collisions.

As a result of his injuries, the retirement board approved Mr. Atkins for “inactive total and permanent” disability benefits, which earn significantly less compensation than the “football degenerative” status.

Mr. Atkins challenged the merits of the retirement board’s determination and alleged that it abused its discretion in making its benefits determination.

But in a ruling Tuesday, a three-judge panel of the 5th U.S. Circuit Court of Appeals affirmed a lower court’s ruling in favor of the retirement plan board.

“While we are sympathetic to Atkins’ plight, the board’s decision does not meet the standard for an abuse of discretion given the mixed collection of evidence that could have been construed to support an award of either inactive or football degenerative benefits,” the New Orleans appeals court panel ruled unanimously.

“The mixed bag of medical opinions simply do not provide a clear answer as to whether Atkins’ disabling injuries did or did not arise from football and therefore the retirement board’s discretion cannot be termed an abuse of discretion,” the justices decided.