“Chronic Traumatic Encephalopathy or CTE and Workers Compensation”
Learn about CTE and workers’ compensation claims for repetitive brain injuries and head trauma in Florida.
As the Big Game has come and went and another football season behind us, most of us outside of Kansas City are left to wonder what changes our team could have made to have been in the hunt and come away with that trophy. However, in recent years, there has been another story permeating away from the lights and glamor, and super bowl wins. A phrase that is, unfortunately, becoming somewhat of the commonplace. “CTE” or Chronic Traumatic Encephalopathy has been making headlines in recent years, mainly due to ex-football players being diagnosed with the same.
According to the Concussion Foundation CTE is a degenerative brain disease mainly found in athletes, military veterans, and others with a history of repetitive brain trauma. One major issue in the diagnosis is that symptoms do not generally begin until years after the impacts. The Concussion Foundation states that CTE can currently only be diagnosed after death through brain tissue analysis. A recent case out of California found Pro Football Hall of Famer Kellen Winslow Sr. filing a workers’ compensation claim for brain and nervous system injures due to repetitive trauma to his head during his football career. In the workers’ compensation case Winslow Sr. claims that his years of playing football resulted in “cognitive and behavioral disorders.” According to the Concussion Foundation, early symptoms of CTE usually manifest in a patient’s altered mood and behavior and case impulse control problems, aggression, depression, and paranoia. Mr. Winslow Sr. could be experiencing the onset of CTE. The claim was denied on the defense that the Statute of Limitations had expired.
Chronic Traumatic Encephalopathy
In Florida, you have two years to bring your claim. There are certain exceptions to this two-year Statute of Limitations, one of which you see in repetitive type claims. Repetitive requests are complicated because nearly every impact or “hit” is arguably either a new injury or a continuation of an injury sustained in an earlier result.
The primary issue with these types of injuries is that you may not begin to feel the effect or even know that you were injured until years later, at a point where you may not even be in the same profession, just as with Mr. Winslow Sr.
Throughout Mr. Masnikoff’s twenty-year career, he has worked tirelessly to ensure that Floridians who suffer repetitive injuries on the job receive the proper benefits and receive them timely. If you or a loved one sustained repetitive trauma to your head, or any injury suffered due to some repetitive impact or action while working, and have concerns and or questions regarding what rights you are entitled to under Florida’s workers’ compensation law, please contact us as we are here to answer any question. The consultation is free. We practice throughout Florida, and you can reach any one of our offices at (772) 461-9181
**Lyle Masnikoff & Associates, P.A. **1645 Palm Beach Lakes Blvd #550 West Palm Beach, FL 33401 (772) 461-9181 www.workerscompfl.net
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This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.