Workers Compensation

Retired NFL Player Sues Former Attorney for Botching Workers’ Compensation Claim

The following article was written by Spencer Wingate.

Another lawsuit involving an NFL player dealing with closed head trauma has arisen. However, this lawsuit has a different twist as the player is not suing the league, but his previous counsel.  Former St. Louis Rams Linebacker Jamie Duncan is suing Mark L. Floyd and the Floyd Law Firm in St. Louis City Court for legal malpractice.

Duncan contends Floyd cost him $255,000 by incorrectly advising him to sign a settlement agreement for $1,000. The settlement filed in Missouri Division of Worker’s Compensation on October 24, 2007, included a waiver preventing Duncan from any future medical benefits. At the time, the Rams held offices in St. Louis and Los Angeles. Therefore, Duncan hired Ron Mix, a California licensed attorney, to explore a claim under California Workers Compensation. On March 20, 2011, Mix reached a tentative settlement stipulating all pending workers compensation claims would be settled with Duncan including a buyout of future medical benefits for $300,000. Then on May 20, 2011, the Rams informed Duncan that due to his settlement orchestrated by Mr. Floyd in 2007, his claim was legally denied. Eventually under the advice of Mix, Duncan was able to settle a California claim at $45,000. Duncan believes Floyd cost him the difference due to his negligence. His claim states Floyd “failed to explore monetary benefits available under Missouri as opposed to California law; failed to file Duncan’s claim in California, where the benefits are greater; failed to assess all of Duncan’s potential claims; advised Duncan to waive his future rights without obtaining a medical evaluation to determine the value of future claims; and failed to file dual claims in Missouri and California”.  Duncan is seeking a fair and reasonable amount, costs for bringing action, and any further relief the court deems just.