The Athlete's Lawyer

In this very sad case, the decedent was a physical education teacher at a Tidewater area Middle School. He collapsed during an after-school student/faculty basketball game. He ran up and down the court once and collapsed and then died. The claim by the teacher’s widow and children was denied by his employer and their third party administrator (“TPA”).

The Full Commission found that “the decedent’s action of traversing a basketball court was an accident. From the record, it is apparent that he ran the length of the court before collapsing. The decedent in this case did not participate in strenuous activity for any significant length of time. The cause of the injury was a sudden activity, running up a basketball court. A sudden burst of strenuous activity caused a sudden mechanical change in the body.” The faculty member’s case met the requirements for compensability in Virginia. My friend and skilled Norfolk lawyer John Klein won this tragic case for the Phys Ed teacher’s family. HAROLD R. MORGAN v. CITY OF NORFOLK SCHOOL BOARD, VWC File No. 178-40-01

In a split decision, the Full Commission ruled on March 4th that a Wal-Mart employee who was injured in a company team’s charity game was NOT entitled to workers comp benefits. In a 2-1 decision, the VWC concluded “the claimant did not prove that the employer mandated, encouraged or promoted his participation at the game or that participation was part of his job duties. To the contrary, the claimant agreed that the associates volunteered to play and that each associate paid his entry fee. The claimant was off the clock, and he had anticipated taking off time to participate. He provided his own transportation to the off-premises game site. The claimant failed to show that the employer sponsored the game in any fashion, required his participation or benefited from his participation. This was not a case where the employer sponsored an event which was strongly connected with the employee’s employment in purpose, time, location and function. Instead, the current claimant was injured while voluntarily participating in an off-duty game that was not part of his employment requirements. We are simply not persuaded by the claimant’s arguments that the game was incidental to his employment.” Thus benefits were denied in OXENDINE v. WAL-MART, VWC File #236-00-42

The last thing Herndon and Reston injury and disability lawyer Doug Landau’s client thought she would be doing after work would be playing first base !  This “50-ish” assistant bank manager was “recruited” at the last minute by the other employees who played for the company team, as the league required a minimum number of females on the field.  Her younger co-workers did not want to forfeit, and so with promises of an “easy position,” they put this grandma at first base that evening.

Their opponents that night had a number of skilled players who had recently graduated from  college and were very serious about their sports.  So, when a young man attempted to beat out a grounder to the shortstop, he bowled the assistant bank manager over.  Disabled from work, the injured employee came to ABRAMS LANDAU, Ltd., with mounting medical bills and a denial from the insurance company.  TheAthletesLawyer was able to win her case, getting her much-needed medical treatment as well as a portion of her wage loss and out of pocket expenses.  Landau was able to show the Deputy Commissioner  that the claimant was engaged in an employment-related recreational activity when she was injured.

Not every sports related injury with co-workers results in a compensation Award by the Workers Compensation Commission, as you will see from tomorrow’s post, but these kinds of cases are very fact specific and require an experienced workers comp practitioner to present them effectively.  If you or a co-worker are injured in a work-related sports or recreational activity, call us at ABRAMS LANDAU (703-796-9555) today.  Just like in sports, you do not want to find out that you are too late because the clock has run out.

I was glad to hear that the lawsuit filed by the widow of Viking lineman Korey Stringer was finally settled. Mrs. Stringer sued the NFL after her husband died of heatstroke during training camp in 2001. (See Sports Illustrated 7/29/02.)

The athlete’s widow alleged the league had not done enough to protect players from heat related illnesses. Mr. Stringer was a 335 lineman for the Minnesota team. While smaller, leaner athletes like TriathlonTrialLawyer Doug Landau are able to tolerate heat better because of their greater surface area to bodymass ratio, extremely large sports professionals can often overheat when moving their bulk under conditions of high temperatures, humidity and water, sweat and electrolyte loss.

Heat dissipation is a well known problem for larger football player, even highly conditioned professional athletes. Under the settlement, the football league will support Mrs. Stringer as she creates a heat-illness prevention program. No other terms were released according to Sports Illustrated.

Our friends at Potomac River Running (shown here at the Richmond Race Expo with TriathlonTrialLawyer Doug Landau) have announced the 2009 Loudoun Racing Series line up.

- Sunday, 3/15 @ 9:00 AM: The Capital Running Company St. Patrick’s Day 8K in downtown DC.

- Saturday, 3/21: The Suntrust National Marathon and Half Marathon at RFK Stadium.

- Saturday, 3/28 @ 8:30 AM: The 15th Annual Van Metre 5-Mile Run for Children’s Hospital in the Broadlands. Packet Pickup and In-Person Registration available at the =PR= ASHBURNStore on Thursday, 3/26 from 5:00 – 8:00 PM.

- Sunday, 4/19 @ 8:30 AM: The LAWS ½ Marathon & 5K in Leesburg. Packet Pickup and In- person Registration available Friday, 4/17 at the =PR= RESTON Store from 2:00 PM – 8:00 PM and Saturday, 4/18 at the =PR= ASHBURN Store from 12:00 PM – 6:00 PM).

- Sunday, 4/26 @ 8:00 AM: The Ashburn Village 10K, 5K, and 1-Mile Fun Run in Ashburn.

- Sunday, 4/26 @ 9:00 AM: Strides for Success 5K & 1K Fun Run/Walk in Fairfax.

Get details about all of these events

First of all, my knees are fine. Secondly, I do not run every day, and when I do, if it’s not a race and not in the pool (see 2/22/09 post on deep water running), I do so on grass, trail, turf, sand or other soft surface. Thirdly, I try to maintain a healthy diet, with supplements for strong bones, joints and connective tissues. Lastly, there is now medical evidence that running does not cause arthritis. The American Journal of Preventive Medicine published a study on Long Distance Running and Knee Osteoarthritis. The investigators conclusion ?

“Long-distance running among healthy older individuals was not associated with accelerated radiographic OsteoArthritis.”

‘Nuf said.

People have been telling me for years that I run too much, that exercising nearly every day is not good for me. And some of these naysayers are loving family members. My beloved Grandma Beatrice Abrams once said, “Running again, why ? You might sweat. Besides, you ran yesterday.” In response I would try to explain to her that it made me feel better, physically and emotionally, and that regular aerobic exercise had a cumulative salubrious effect. Now there is additional evidence supporting her grandson.

According to a Stanford Medical School new release Regular running slows the effects of aging. This is the conclusion of a new study from the Stanford University School of Medicine that has tracked 500 older runners for more than 20 years. Elderly runners have fewer disabilities, a longer span of active life and are half as likely as aging nonrunners to die early deaths, the research found. “The study has a very pro-exercise message,” said James Fries, MD, an emeritus professor of medicine at the medical school and the study’s senior author. “If you had to pick one thing to make people healthier as they age, it would be aerobic exercise.” These findings appear in the 8/11/08 issue of Archives of Internal Medicine, a bi-monthly peer-reviewed medical journal.

Practicing what he preaches, Triathlon Trial lawyer Doug Landau hops in the pool and runs in the deep water.  The Athletes Lawyer is shown here at the Fairfax County Parks Providence Community Center Pool before a recent successful trial.  This helps move byproducts of intense bouts of exercise out of sore muscles without impact or danger of additional sports injury.  Furthermore, because the water temperature is lower than 98.6 F, the cooling effect also helps reduce inflammation and swelling.  Lastly, the hydrostatic pressure also aids in recovery and retards swelling.

The Herndon Reston area sports injury lawyer was prescribed a full flotation vest by his foot surgeon after breaking his ankle while playing tennis.  Dr. Arnold Landsman, whom Landau had met through a Mount Vernon Sports Medicine Clinic, was foresighted enough to realize that in order to speed up Landau’s recovery and preserve his endurance, a means of non-impact, aerobic training would be optimal for both physical and mental fitness.  If you have sustained a fracture to a weight-bearing structure like an ankle, foot, leg, hip, lower back or pelvis, ask your doctor if water running, hydrotherapy or light aquatic exercise would be helpful in your recovery.

What’s up with all the bottles ? Why does Triathlon Trial Lawyer Doug Landau go to races, spin classes and the Herndon High School track with a cooler bag full of water bottles ? Is there some super secret potion inside ?

For an intense workout or race, the herndon Reston area injury and disability lawyer does indeed pack water, as well as an electrolyte rich solution to drink during exercise to prevent cramping, dehydration and “bonking.” However, as important are the bottles prepared in advance for the post-workout recovery. Landau has found that his muscle soreness is reduced and his recovery is hastened by having a sports drink with protein within 20 minutes of finishing his race or workout. There is an excellent article by highly regarded nutritionist Nancy Clark in the October, 2008 issue of the Running Journal, “Protein and Runners” which talks about the science of this “recovery window.”

Clark writes in another piece on “underperforming athletes“:

Recovering with both carbs + protein

Recovery foods should offer a foundation of carbs with protein as the accompaniment. A reasonable target is Read the rest of this entry »

Potomac River Running is proud to present the 2009 Loudoun Race Series. The series includes six premier events in Loudoun County:3/28: Van Metre 5-Mile Run for Children’s Hospital

4/19: LAWS Run for the Shelter Half-Marathon & 5K

6/27: Potomac River Running Twilight Festival 4-Miler

8/9: Harris Teeter Presents YMCA Loudoun County Leesburg 10K & 20K

10/17: Stone Ridge 5K Race for Education

11/21: Freeze Your Gizzard 5K Cross Country Race

Participants in all six events will receive a commemorative short sleeve technical t-shirt. Have a conflict and can’t do all six? No problem, participate in four series races and earn a commemorative medal. And if you make it to five races, add a $10 =PR= Gift Certificate to the medal. (All 6 events gets you the shirt, medal, and gift certificate!)

Also, accumulate points for your performance and qualify for series-wide performance awards. The more races you run, the better your chances to win.

The series results are AUTOMATICALLY tabulated based on participation in series events. You DO need to register for each event in which you want to participate. You DO NOT need to register specficially for the series.

For more details, visit: Loudoun Race Series