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A TryouT Is NoT EmpLoymENT uNLEss BoTh pArTIEs sIgN AN AgrEEmENT
Workers ’ Compensation Section Chair : Anthony Cortese – Attorney at Law
Because the League signature didn ’ t appear on the contract , the contract was not binding for the tryout .
© Can Stock Photo / filmcrew
In a 4-to-3 decision , Bishop v . Arena Football League , Case No . SC17-1409 , 2017 WL 6014872 ( Dec . 5 , 2017 ), the Florida Supreme Court refused to review a decision by the First District Court of Appeal that took away workers compensation benefits from an injured football player . Although the player was injured during a tryout , the First DCA held he wasn ’ t entitled to benefits because the Arena Football League never signed his employment agreement . This decision may have limited application because jurisdiction was denied , but it is still a matter of concern .
In 2012 , Byron Bishop played for the Orlando Predators and was an employee of the Arena Football League . In July 2013 , he participated in a two-day tryout for the team . Before the tryout , his coach had Bishop sign an employment contract where it read “ Player ’ s Signature .” The coach , who was also a league employee ,
signed the contract where it read “ Team Rep .” Another line on the employment contract that read “ League Signature ” was not signed . The document said that the Team Signature was mandatory . But it didn ’ t say that the same was true of the League signature . Once the contract was filed with the League offices , the coach allowed Bishop to attend the tryout , where he was injured on the second day .
The Judge of Compensation considered a great deal of testimony and other evidence on the issue of coverage before finding that based on all the facts , Bishop was an employee of the League when he was injured on the second day of tryouts . The First District reversed , holding that because the League signature didn ’ t appear on the contract , the contract was not binding for the tryout and that allowing Bishop to participate in a tryout did not constitute an agreement to employ him or to sign the contract . Arena Football v
Bishop , 220 So . 3d 1243 ( Fla . 1st DCA 2017 ).
The First District specifically held that allowing Bishop to attend the tryout was not enough to create an employment relationship . The First DCA did not address whether the coach , who was an employee of the League and who signed the contract where it said “ Team Signature ,” had acted as an apparent agent of the League to bind the League .
Professional athletes in Florida have been excluded from workers compensation coverage for many years . But the exclusion only applies during paid employment under contract . § 440.02 ( 17 )( c )( 3 ), Fla . Stat . It appears Bishop wasn ’ t paid . So Bishop should have been covered . Three members of the Florida Supreme Court felt the issues merited review and analysis , but it was not enough to obtain review .
Author : Anthony V . Cortese – Attorney at Law
Want to advertise your business to THOUSANDS OF ATTORNEYS in the Tampa Bay area ? Call ( 813 ) 221-7777 for more information .
5 6 M A R - A P R 2 0 1 8 | H C B A L A W Y E R
A TryouT Is NoT EmpLoymENT uNLEss BoTh pArTIEs sIgN AN AgrEEmENT
Workers’ Compensation Section
Chair: Anthony Cortese – Attorney at Law
Because the League
signature didn’t appear
on the contract, the
I
contract was not
binding for the tryout.
n a 4-to-3 decision, Bishop v.
Arena Football League, Case
No. SC17-1409, 2017 WL
6014872 (Dec. 5, 2017), the
Florida Supreme Court refused
to review a decision by the First
District Court of Appeal that
took away workers compensation
benefits from an injured football
player. Although the player was
injured during a tryout, the First
DCA held he wasn’t entitled
to benefits because the Arena
Football League never signed
his employment agreement.
This decision may have limited
application because jurisdiction
was denied, but it is still a matter
of concern.
In 2012, Byron Bishop played
for the Orlando Predators and
was an employee of the Arena
Football League. In July 2013, he
participated in a two-day tryout
for the team. Before the tryout,
his coach had Bishop sign an
employment contract where it read
“Player’s Signature.” The coach,
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