Statements on Arbitration Decision for Ben Utecht

NFLPA WINS IMPORTANT ARBITRATION DECISION ON
RETURN-TO-PLAY PROTOCOL FOR CONCUSSIONS

In 2009, Ben Utecht, a veteran tight end with the Cincinnati Bengals, suffered a severe concussion while participating in training camp activities. When the Bengals terminated Utecht’s contract later that season, the NFLPA filed an Injury Grievance under the CBA to enforce Utecht’s right to salary for the period of time he remained injured and unable to play as a result of the concussion.

The main issue in the case was whether or not Utecht was asymptomatic with activity and could be cleared to resume play. In deciding for the player, the arbitrator held that Utecht “had not been sufficiently tested, both in his aerobic and strength reconditioning program, nor had he been tested in sport specific activities which would be a more accurate means of determining whether the damage caused by the concussion had ‘cleared.’” The club had argued that a less rigorous testing procedure was sufficient. In rejecting that argument, the arbitrator held that Utecht should not have been cleared to play by the club and awarded Utecht the remainder of his salary for that season.

“This decision upholds our players’ rights to continued salary payments while injured and should provide important guidance for players and clubs in determining when it is appropriate to return to play after a player suffers a severe concussion,” said Tim English, the NFLPA attorney who handled Utecht’s case.

-- NFLPA Statement

Statement released on behalf of Ben Utecht:

NFL SUPER BOWL WINNING TIGHT END BEN UTECHT WINS CONCUSSION ARBITRATION AGAINST THE CINCINNATI BENGALS

New York – (July 10, 2013) – Since sustaining a career-ending concussion in 2009 while with the Cincinnati Bengals, Ben Utecht, a Super Bowl winning tight end, continues to battle the after affects. He has faced not only the health challenges that come with severe concussions, but has also battled through an extensive arbitration process. The decision said that Ben had not received enough testing for the team to clear him for return to play proving his contract should not have been terminated. Ben has since retired from football and is pursuing a promising singing career.

Utecht says that, “In 2009 my NFL career was promising, but it ended suddenly with a brain injury. Three years later my family and I have closure with the successful conclusion of my contract dispute. We are grateful for the support we have received from all of our friends in professional football and beyond. I will continue to help the NFL in any way I can to educate people about brain safety and the seriousness of this issue.”

Ben has reflected a lot on life since being forced to leave one of his greatest passions. “We all come face to face, in time, with circumstances that challenge us to the core, moments that require us to move on from one passion to another, situations that require us to re-define ourselves. This is when looking in the mirror can be difficult. Over the past three years a new passion has filled the empty space in my heart left behind by football—a new career in music.”

Before the end of 2013 Ben will release a new album and a book. He will share his story of a dream-come-true coming to an end and a new one dawning. “My upcoming album will trace my path out of the ashes, re-defining who I am. The songs will journey through concussions, perseverance, fear, love, and virtue. My book is entitled GPS 4 Life and will share my path and encourage others to discover their gifts, passions and spirit.”

Ben Utecht remains alive and well on the football scene. And we’ll see and hear even more from him on TV, stage, bookstores and our smartphones.

For more information visit https://www.facebook.com/Ben.Utecht.Music.

Contact:

Leslie Taylor
Big Machine Agency, LLC
646-395-2600
leslie@bigmachineagency.com

Brad Taylor
Big Machine Agency, LLC
646-395-2600
brad@bigmachineagency.com

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