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Webster was a center in the National Football League (NFL), playing for the Pittsburgh Steelers for 14 years. He played with the Kansas City Chiefs for two years after that and retired in 1991 when he was about 39. During his time playing football, Webster suffered multiple concussions. After he retired, he tried several business ventures and careers, but they failed, allegedly because he had suffered brain damage, limiting his business acumen. He did not earn any income, except for a small amount from working briefly as a strength coach for the Chiefs, which employed him "as a favor." A friend encouraged Webster to get an evaluation after learning he had been sleeping in his car and had been found sleeping in a train station. In 1998, Webster was officially diagnosed as suffering from brain damage as a result of the head injuries he sustained while playing football. Several physicians later determined he had been suffering from brain damage since his retirement Webster filed for long-term disability benefits with his retirement plans, saying he was totally and permanently disabled. The retirement board required him to see a neutral neurologist, who reported he was totally disabled as a result of his football injuries. The board gave Webster degenerative benefits dating back to 1996 but denied him active benefits, which are about 50 percent more than degeneratives. Webster appealed, providing reports from several doctors who found the date of his disability to be his retirement date. He died of a heart attack while the appeal was pending. The board subsequently denied the appeal for active benefits, disavowing the medical reports, including that of its own doctor. Webster's estate sued the retirement plans, alleging bad faith denial of benefits in violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The defendants contended Webster's business ventures and attempts at other careers showed he had the ability to get money for work performed and was thus not eligible for active benefits. They further argued that the doctor's reports were invalid because too much time passed between Webster's retirement and the doctors' determinations. The trial court granted plaintiff summary judgment and awarded Webster active benefits and degenerative benefits from the date of retirement, rather than 1996. It awarded plaintiff about $1.69 million, including interest, fees, and costs. The Court of Appeals affirmed the judgment, holding the board had offered no evidence to contradict the doctors' unanimous opinion that Webster's total and permanent disability was a result of his football playing and thus the board abused its discretion in denying Webster active benefits. The court awarded additional attorney fees and benefits to Webster's children, bringing the total award to about $1.96 million. 
Alan C. Olson practices disability law from his offices in New Berlin, Wisconsin, and throughout the United States. AOlson@Employee-Advocates.com
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