Brumm v. Bert Bell N.F.L. Retirement Plan

802 F. Supp. 258, 1992 U.S. Dist. LEXIS 15170, 1992 WL 249372
CourtDistrict Court, W.D. Missouri
DecidedSeptember 18, 1992
DocketNo. 89-4361-CV-C-5
StatusPublished
Cited by3 cases

This text of 802 F. Supp. 258 (Brumm v. Bert Bell N.F.L. Retirement Plan) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brumm v. Bert Bell N.F.L. Retirement Plan, 802 F. Supp. 258, 1992 U.S. Dist. LEXIS 15170, 1992 WL 249372 (W.D. Mo. 1992).

Opinion

ORDER

SCOTT O. WRIGHT, Senior District Judge.

Before the Court are defendants’ motion for summary judgment and plaintiff’s cross-motion for summary judgment. Plaintiff Donald Brumm brings this action against the Bert Bell NFL Player Retirement Plan (“Plan”), its trustees and its administrator under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiff currently receives $750.00 per month in disability benefits from the Plan. He challenges the decision of the Plan awarding him that amount of benefits.

I. Facts

Plaintiff Donald Brumm is a former NFL football player. He played for the St. Louis Cardinals football team from 1963 to 1969 and in 1972, and for the Philadelphia Eagles football team from 1970 to 1971. Brumm played briefly in the WFL after he left the NFL. During his football career, Brumm suffered multiple knee and back injuries. He underwent surgery on his left knee in 1969. His right knee was also injured, but it did not require surgery. Brumm also suffers from traumatic spon-dylolisthesis between the second and third lumbar vertebrae, an injury caused by forward displacement of one vertebrae over another. Brumm cannot identify a single, identifiable incident during his football career which caused his back problems.

Although Brumm suffered numerous injuries during his long football career which may have contributed to his back problems, those injuries did not disable him at the conclusion of his football career. After his football career, he continued to work as a truck driver from 1973 to 1977, and as a truck dispatcher from 1977 to 1978. The back injuries reportedly gave him difficulty [261]*261in 1977, five years after he quit playing football. On October 5,1977, while driving a truck for Orscheln Truck Lines, Brumm was involved in an accident. He was thrown through the windshield and landed on the hood of the truck. Brumm went to the hospital by ambulance, where he was placed in traction for his back.

Brumm continued to work after his truck accident. In 1977, he worked as a dispatcher for the trucking company. He worked for a surveyor from 1978 to 1979. He owned and operated a Dairy Queen restaurant from 1980 to 1984. Brumm has been unemployed since December 1984.

The Plan was established through collective bargaining in the National Football League for the purpose of providing various benefits to NFL football players. Among the benefits provided are three levels of disability benefits. A player is eligible for the first level of benefits under Plan § 5.1 if a total and permanent disability “results from a football injury incurred while an Active Player.” A player receives not less than $4,000 per month under the first level of benefits (hereinafter “Level 1 T & P”). A player is eligible for the second level of benefits under Plan § 5.1 if the total and permanent disability “results from other than a football injury” (hereinafter “Level 2 T & P”). A player receives not less than $750 per month under the second level of benefits (hereinafter “Level 2 T & P”). “Total and permanent disability” is defined in Plan § 5.2 for both Level 1 and Level 2 T & P benefits as a disability which prevents an eligible Plan participant from engaging “in any occupation or employment for remuneration or profit.” A player is eligible for the third level of benefits under § 6.1 of the Plan, called Line-of-Duty benefits, if he incurs a “substantial disablement” arising out of football activities. Line-of-Duty disability benefits are limited to a sixty-month duration. They are not at issue in this case.

The Summary Plan Description in effect on November 30, 1984 does not define the meaning of the phrase “a football injury incurred while an active player,” which is contained in § 5.2 of the Plan.

Section 8.4 of the Plan vests in the Retirement Board (“Board”) the authority to control and manage the operation of the Plan, subject to certain restrictions which do not apply to this case. The Retirement Board has “all necessary powers incident to the creation, administration, implementation and operation of the Plan and Trust, including but not limited to the power: (A) To define and amend the terms of the Plan and Trust, to construe the Plan and Trust and to reconcile inconsistencies therein.” Section 8.13 of the Plan provides “[whenever in this Plan and Trust discretionary powers are given to the Retirement. Board, it shall have the broadest discretion permitted under the Act, and its decision shall, to the extent permitted by the Act, be binding upon all persons affected thereby. The Retirement Board shall exercise its discretion in a nondiscriminatory manner.”

Brumm first inquired about applying for benefits from the Plan on August 20, 1984. The Plan Administrator sent Brumm an application on August 24, 1984. Brumm submitted the completed application on November 30, 1984. In the application, Brumm stated that his disability started on October 4, 1977, several years after he left football and the day before his truck accident.

On December 17, 1984, Dr. Dale Darnell examined Brumm in connection with his application for disability benefits under the Plan. Dr. Darnell concluded on a Physician’s Report that Brumm was not totally and permanently disabled but was limited to sedentary employment. On February 19, 1985, Brumm also applied for Social Security disability benefits. In connection with that application, on March 11, 1985, Dr. Glenn Browning examined Brumm and concluded that he was limited to sedentary activities.

On April 2, 1985, after reviewing Brumm’s application and Dr. Darnell's medical report the Retirement Board denied Brumm’s application for benefits. The Board sent Brumm written notice of the denial. Brumm, with the aid of an attorney, appealed the Board’s denial of benefits. The Board denied Brumm’s ap[262]*262peal on June 19, 1985 and sent him written notice of this denial on July 22; 1985. In reaching its decision, the Board reviewed Dr. Garth Russell’s reports from November 1978 and November 1984. The Board also considered Dr. Browning’s March 1985 reports, the December 1984 report by Dr. Darnell, and a May 20, 1985 report by K.H. Reesé, a psychologist. Reese had performed a psychological evaluation of Brumm at his attorney’s request. Reese administered the Minnesota Multiphasic Personality Inventory to Brumm and concluded that he was suffering from depression, anxiety and anger and that he was “clearly at risk psychologically.”

After the Board denied his appeal, Brumm obtained a full psychological evaluation. On November 18, 1985, psychiatrist C. Dean Monroe examined Brumm and diagnosed him as having an “adjustment disorder with mixed emotional features.” Brumm then sought to obtain Social Security disability benefits for his combined physical and psychological problems. Based on the medical evaluations and reports of Dr. Russell and Dr. Browning and the new psychological reports of Dr. Monroe, as well as on the testimony of á vocational expert, Dr. Arthur F. Smith, the Administrative Law Judge (“AU”) concluded that although Brumm’s physical disabilities alone did not entitle him to Social Security disability benefits, this physical limitation, in combination with his psychological or nonexertional limitations, rendered him disabled as defined by the Social Security Act. The AU determined that the onset of Brumm’s disability was December 15, 1984.

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802 F. Supp. 258, 1992 U.S. Dist. LEXIS 15170, 1992 WL 249372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brumm-v-bert-bell-nfl-retirement-plan-mowd-1992.