A former premiership participant has launched authorized motion towards the AFL, his former membership and medical doctors over claims they allowed him to return to the sector whereas struggling concussion signs that finally ended his profession.
Ex-Western Bulldogs participant Liam Picken performed 198 video games for the membership and retired in 2019 after struggling a number of concussions throughout his profession.
The 36-year-old has launched a civil swimsuit within the Supreme Court docket of Victoria searching for compensation for misplaced earnings towards the AFL, his outdated membership and two medical doctors.
He alleges the events breached their obligation of care by permitting him to proceed enjoying whereas struggling concussion signs, failing to take cheap take care of his security and exposing him to pointless hurt.
Picken was not correctly examined for a concussion after his head hit the bottom in a collision with a Fremantle participant in April 2017, he claimed in a writ filed this week.
He alleged the knock left him with a transparent analysis of mind damage or concussion.
Regardless of persevering with to endure signs from this, he instantly returned to coaching, full AFL competitors and claims he was not referred to an knowledgeable for additional testing or to handle his situation.
In March 2018, Picken was knocked out whereas enjoying a pre-season match towards Hawthorn in Ballarat.
Once more he returned to full coaching and enjoying.
Picken claimed the Bulldogs positioned him in a harmful place by permitting him to proceed enjoying regardless of irregular concussion evaluation outcomes, in breach of the Occupational Well being and Security Act.
The membership allegedly didn’t inform him about irregular check outcomes, didn’t examine them additional, didn’t refer him for additional scans and didn’t educate him on the dangers surrounding mind accidents and concussion.
Docs within the firing line
Two AFL medical doctors named within the swimsuit, Gary Zimmerman and Jacob Landsberger, are accused of failing to correctly check Picken by doing a sport concussion evaluation following the 2017 concussion.
The medical doctors allegedly knew he was able of hazard however didn’t watch Picken for indicators and signs of concussion or declare him unfit for returning to the sector, nor did they assess him any additional regardless of his persevering with signs.
Additional, Picken and his accomplice Annie Nolan made a number of complaints that his signs had been per post-concussion syndrome, which ultimately led to the tip of his profession.
Picken continues to endure as a result of concussions, with signs together with complications, poor focus, despair and sleep impairment.
Profession prospects compromised
He studied an undergraduate and masters diploma in worldwide enterprise and finance earlier than ending his soccer profession however stated his accidents left him completely incapable of pursuing a profession in these fields.
In an announcement, an AFL spokeswoman stated the sporting physique had but to obtain any formal notification of the authorized motion.
“The well being and security of gamers in any respect ranges of the sport is the AFL’s key precedence and we take concussion and the safety of the mind well being of all these enjoying our sport extraordinarily critically,” she stated.
AFL gamers are excluded from searching for WorkCover insurance coverage in Victoria, however there’s a push to overtake the present staff’ compensation scheme.
A number of different gamers have additionally launched authorized motion as concern grows about lethal power traumatic encephalopathy.
Former Collingwood AFLW vice-captain Emma Grant launched motion final week towards her membership and Margalit Damage Legal professionals is making ready a multimillion-dollar class motion towards the AFL within the Supreme Court docket.
Former participant agent Peter Jess believes hundreds of different former footballers could possibly be struggling in silence and extra authorized circumstances would probably emerge.
He described concussion as a “pandemic” in numerous sports activities and stated governments wanted to acknowledge extra must be carried out to help gamers.
Former St Kilda nice Danny Frawley, Geelong legend Graham “Polly” Farmer and Richmond midfielder Shane Tuck had been discovered to have the neurodegenerative illness.
The Bulldogs and the AFL Gamers’ Affiliation have been contacted for remark.
-AAP
