Court rejects ex-NFL player’s workers’ comp claim for dementia
Minnesota's Supreme Court ruled that a former NFL player’s workers’ comp claim failed on statute of limitations grounds.
The Supreme Court of Minnesota has ruled that a former NFL player’s workers’ compensation claim for dementia failed on statute of limitations grounds.
NFL career
Alapati Noga, who was born in September 1965 in American Samoa and moved to Hawaii in 1969, began playing football seriously in the ninth grade and played the position of defensive lineman throughout high school. He suffered at that time from what he called “headaches” because of his “violent” head-first style of playing. Throughout college, Noga continued playing as a defensive lineman with the same head-first style of play.
Before he completed his college degree, Noga was drafted by the Minnesota Vikings in the third round of the 1988 NFL draft. Noga played as a defensive lineman for the Vikings from 1988 until December 1, 1992. He continued his head-first style of tackling other players, a style of play that then was allowed by the NFL.
While playing for the Vikings, Noga sustained a number of orthopedic injuries that kept him from playing games periodically, and also experienced head injuries and headaches. On occasions when Noga had a headache after sustaining a hit, he said that he would talk to the team trainers and doctors, who would dispense Advil and Tylenol for his headaches.
According to Noga, there was no way to keep his orthopedic injuries from the Vikings. But, regarding his head injuries, Noga asserted that he “didn’t want to tell [Vikings staff] too much” because staff sometimes told him “you’re always hurting.” Noga contended that those statements made him feel that he should keep the head injuries to himself if he wanted to continue playing in the NFL.
Even when he experienced headaches and wooziness following a hit, Noga said he continued playing. Noga was “never taken out of the game right away” if he told the Vikings staff that he was feeling woozy from a hit or a play. According to Noga, “[w]hen I t[old] the doctors I’m not feeling well . . . I was told fight through it, it’s my job, that’s what they pay me for. I’ll try my best to fight through it.”
The Vikings’ training records did not contain entries of any treatment for headaches or otherwise show that the Vikings staff provided Advil or Tylenol to Noga. The training records only mentioned Noga’s orthopedic injuries. The training records did, however, contain a notation that on September 1, 1990, Noga “did not report for conditioning” and that he left a note stating that he “had a headache.”
Noga’s last day for the Vikings was December 1, 1992. He went on to play for the Washington Redskins for the 1993 season. While playing for Washington, he sustained more hits to his head. Noga’s end-of season physical in January 1994 showed no history of head injuries but listed various orthopedic injuries.
Washington released Noga after one season. Part-way through the 1994 season, Noga began playing for the Indianapolis Colts, but his contract was not renewed.
Doctors’ examinations
In 2001, Noga filed a claim for workers’ compensation benefits regarding various orthopedic injuries he suffered while playing for the Vikings. In connection with this claim, Noga was examined by Dr. William Fruean in 2003. In February 2004, Dr. Fruean wrote a report summarizing Noga’s medical problems, which Noga attributed to “injuries while he was playing football for the Minnesota Vikings.” Dr. Fruean listed 10 orthopedic issues and two neurological issues: “Blackout episodes from concussions from football injuries” and “headaches episodes, from football injuries.” Dr. Fruean also stated that Noga “needed to be evaluated by a neurologist for his blackout and headaches problems.” Noga’s 2001 claim was settled and an award on stipulation, to which Dr. Fruean’s report was attached, was filed in March 2004.
Noga applied for Social Security disability benefits related to his “[b]ack, lower body, shoulders, and fingers” in September 2007. Although his claim initially was denied, Noga was diagnosed as legally blind in November 2008. On the basis of that diagnosis, in February 2009, the Social Security Administration determined that Noga met the medical requirements for disability benefits and that “[t]he onset of [Noga’s] disability [was] . . . November 17, 2008.”
In general, Noga’s medical and therapy records indicated numerous ongoing health problems, including chronic gout flare-ups, ongoing orthopedic issues, chronic pain, sporadic illicit drug abuse, sleep apnea, depression, legal blindness, and neurological issues. Noga saw multiple psychologists to address some of the mental health and neurological issues he was experiencing, including Dr. Gayle Hostetter.
In January 2011, after an extensive neuropsychological evaluation, Dr. Hostetter concluded that Noga’s general intellectual functioning showed “a general decline from previous functioning, with extremely low verbal memory and problem solving/organization, meeting the diagnosis for . . . dementia.” Regarding causation, Dr. Hostetter indicated that Noga’s performance did “not clearly indicate etiology,” although “multiple head trauma” was indicated as an “important factor.” Finally, Dr. Hostetter observed that “other contributing factors, such as possible under-reported substance abuse, untreated sleep apnea, and psychiatric/personality factors need to be further investigated.”
In December 2014, Noga was examined by Dr. Thomas Misukanis, a licensed psychologist and clinical neuropsychologist. Dr. Misukanis spent 9-1/2 hours with Noga, during which time he interviewed Noga and administered a battery of 18 tests. Following the examination, Dr. Misukanis also conducted a review of Noga’s extensive medical records.
In his evaluation report, Dr. Misukanis opined that Noga’s cognitive deficits represented “moderate brain impairment” that resulted “from an assortment of factors including ADHD, having English as a second language (‘ESL’), untreated sleep apnea, chronic physical pain, cannabis use, previous methamphetamine and alcohol abuse, psychological disturbance, and a multitude of concussions/mild brain injuries incurred while playing professional football.”
Dr. Misukanis stated that although Noga’s history of concussions was “clearly not the sole cause of his brain impairment,” it was his impression that they were “a significantly contributing factor to Noga’s cognitive dysfunction.” Based on his evaluation of Noga, Dr. Misukanis opined that Noga met the criteria “for the DSM-5 diagnoses of Major Neurocognitive Impairment (formerly known as Dementia).”
In January 2015, following his dementia diagnosis by Dr. Misukanis, Noga filed a claim for workers’ compensation benefits. In May 2015, at the request of the Vikings’ insurer, Dr. Stanley Ferneyhough conducted a neuropsychological examination of Noga. Dr. Ferneyhough met with Noga for 2 hours and 45 minutes. He did not administer any tests although he reviewed Noga’s medical records. Dr. Ferneyhough found Noga “to be totally disabled from a neuropsychological standpoint from January 1, 2013 to the present and continuing.” Dr. Ferneyhough agreed with Dr. Misukanis’ diagnosis but disagreed about the etiology of Noga’s dementia, attributing it to Noga’s past drug abuse and head trauma from a 2011 motor vehicle accident. He further opined that there was “no causal relationship between Noga’s alleged consequential dementia claim and his playing time while a Minnesota Vikings football player between 1988 and 1992.”
The case
A compensation judge held a hearing on April 8, 2016. The parties stipulated that, as of January 1, 2013, Noga was permanently and totally disabled and that he was entitled to the maximum compensation rate. In the findings and order filed in July 2016, the compensation judge found that Noga had sustained “head trauma, brain injury, and/or dementia” that culminated “on or about December 1, 1992” and that the injury was “a substantial contributing factor to [Noga’s] permanent and total disability.” The compensation judge also found that Noga’s claim was not barred by the notice requirement under Minn. Stat. § 176.141 or the statute of limitations set forth in Minn. Stat. § 176.151.
The Vikings appealed. The workers’ compensation court of appeals (“WCCA”) vacated and remanded on, among other things, the statute-of-limitations issue.
On remand, the compensation judge found that Noga had sustained “head trauma, brain injury, and/or dementia” that culminated “on or about December 1, 1992, as a direct result of his work activities with the employer.”
The compensation judge decided that “it became reasonably apparent to the employee that he was suffering a disabling cognitive disability at least as of Dr. Freuan’s [sic] report of February 17, 2004.” The compensation judge found that the February 17, 2004 report by Dr. Fruean mentioned, in addition to orthopedic-related incidents, Noga’s “blackout and concussion[-]related concerns and the belief that these symptoms were tied to his employment with the [Vikings].” The compensation judge determined that the Vikings “had actual knowledge of [Noga’s] condition” and “of the relation to [Noga’s] work activities” at least as of the time of that report.
Addressing the statute of limitations, the compensation judge concluded, this was “an action or proceeding under the statute” and that it tolled the statute of limitations.
In a 3-2 decision, the WCCA affirmed, and the dispute reached the Supreme Court of Minnesota.
The Minnesota Supreme Court’s decision
The court reversed, finding that Noga had not satisfied the statute of limitations requirement in Minn. Stat. § 176.151.
In its decision, the court explained that the statute of limitations began to run at the same time that Noga’s duty to give notice arose: when Noga had “sufficient information of the nature of the injury or disease, its seriousness, and probable compensability.”
The court added that neither party contested the compensation judge’s implicit determination that the statute of limitations began to run in 2004, when Dr. Fruean’s report outlining Noga’s various orthopedic and neurological “issues” was attached to the stipulation for the settlement of Noga’s claim based on orthopedic injuries.
After finding that the Vikings’ provision of care for Noga’s head injuries did not constitute a proceeding that prospectively satisfied the statute of limitations, the court concluded that because Noga did not file his claim within the time limit imposed by Minn. Stat. § 176.151, his claim failed.
The case is Noga v. Minnesota Vikings Football Club.
Related: