HARRISBURG – The Commonwealth Court of Pennsylvania has found in favor of former Philadelphia Eagles linebacker Emmanuel Acho, in his workers’ compensation case stemming from a 2015 thumb injury which eventually marked the end of his National Football League career.
Commonwealth Court Judges Patricia A. McCullough, Michael H. Wojcik and Stacy Wallace issued the decision in Acho’s favor on Feb. 3, with McCullough’s authoring the Court’s viewpoint.
Acho was an active member of the Eagles roster in 2013 and 2014, and was due to once again be on the roster in 2015. On Aug. 11, 2015, while practicing, Acho injured his thumb. However, he continued to play football, including in a pre-season game against the Baltimore Ravens on Aug. 22, 2015.
On Aug. 23, 2015, Acho fractured the same thumb during practice. He completed practice and was later treated by Dr. Randall Culp, who performed surgery on Acho’s thumb one or two days after the injury occurred.
Acho was unable to participate in any physical activity for approximately three weeks after the surgery, and he was then released from the Eagles roster immediately afterwards. The Eagles further provided Acho with three weeks’ salary at the time of his release pursuant to an injury settlement agreement.
That November, the Eagles briefly re-signed Acho, but he was still unable to play and was again released just 16 days later. Though he received tryout opportunities with other NFL teams, he was not signed and his playing career ended.
In the intervening years, Acho has worked as a television commentator and host, and won an Emmy award for a YouTube video series titled “Uncomfortable Conversations with a Black Man”, dealing with race relations in America.
Acho later received partial benefits covering the time period from August 2015 to September 2019, as part of a decision by Workers’ Compensation Judge Stephen Harlan.
The Eagles appealed this decision to the Workers’ Compensation Appeal Board, countering that the original decision was “not based on substantial, competent evidence, was not reasoned, and was arbitrary and capricious”, “did not acknowledge evidence that Acho was capable of playing football within three weeks after his injury and accepted incompetent medical testimony.”
But the Workers’ Compensation Appeal Board affirmed the decision, and in response, the Eagles appealed that second decision to the Commonwealth Court in September 2021.
“Employer argues that claimant did not establish that his release from Employer’s roster was due to his Aug. 23, 2015 injury. We disagree. It is undisputed in the record that claimant stopped playing football immediately after his injury. Dr. Culp performed surgery one or two days after the injury occurred. Claimant then immediately was released by employer and was paid an injury settlement pursuant to the collective bargaining agreement between employer and claimant’s players’ union. The pins placed in claimant’s hand were removed approximately three weeks after the surgery, and claimant at that point was medically released to play,” McCullough said.
“Nevertheless, claimant testified that his ‘thumb was still very weak, along with the wrist and the things surrounding the thumb’ and that it remained ‘tender, weak and sore’ even after he was released to play. Employer then contacted claimant several months later and re-signed him to the roster on Nov. 9 or 10, 2015. At that time, claimant still experienced a constant aching in his thumb, and he practiced with a heavily bandaged hand. Although claimant participated in the special teams and scout team portions of practices, he did not play in any games during this period and again was released from employer’s roster approximately 16 days after being re-signed.”
McCullough added that the 2015 release was “clearly not routine or based on any past practice, but rather was due to claimant’s injury and perceived inability to play.”
McCullough and her colleagues further disagreed with the Eagles’ contention that Acho’s post-injury award was based on an “arbitrary and capricious finding that claimant’s injury was compensable during that period.”
“Employer contends that the WCJ ignored or failed to acknowledge that claimant was cleared to play football three weeks after his injury, sought try-outs with other teams without making any rosters, and failed to support his disability claims with any competent evidence, including any competent medical evidence. Again, we disagree,” McCullough said.
“As noted above, there is substantial evidence in the record that claimant was released from employer’s roster in August 2015 because of his injury. Although he was cleared to play approximately three weeks later when the metal pins were removed from his thumb, claimant testified that he experienced ongoing pain, tenderness and related limitations in his ability to play. Although he tried out with other teams, none hired him. When he was re-signed with employer on Nov. 9 or 10, 2015, he practiced with a brace and wrapping on his right hand, and his participation was limited to special teams and scouting. He again was released by employer 16 days later and did not secure employment with any other NFL teams.”
McCullough added that just because Acho “hoped” and attempted to make the roster of NFL teams, something the Eagles made a key point of their argument, it “does not change his objective inability to play at a level that would make him attractive to teams.”
“The WCJ found that claimant’s complaints of pain and functional limitations were corroborated by…unequivocal medical testimony. We discern no error in that finding and will not disturb it merely because employer offers alternative explanations for understanding the evidence and medical testimony. Accordingly, we find this issue to be without merit,” McCullough said.
“We conclude that the WCJ’s decision is free of errors of law and violations of constitutional rights. It further is supported by substantial evidence and did not arbitrarily or capriciously disregard any competent evidence. We accordingly affirm the Board’s order.”
Commonwealth Court of Pennsylvania cases 1060 C.D. 2021 & 1061 C.D. 2021
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com