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Jul. 5, 2009 | West Virginia's Legal Journal
 
NEWS

Semi-pro football player sues team over workers' comp

7/17/2008 11:00 AM
By Cara Bailey -Cabell Bureau

HUNTINGTON - A Huntington Heroes player has sued the team and its owner, claiming his knee injury was not covered by workers' compensation, even though his contract stated that his injuries would be covered.

Tarrence Rhodes filed the suit June 9 in Cabell Circuit Court against the semi-professional arena league football team and its owner, Barbie Moody-Wood.

Rhodes played his first game with the Heroes on April 11, 2008. During the game he tore his right ACL, which was diagnosed by the team's physician. He was placed in "pre-hab," which is rehabilitation before surgical repair of his torn ACL.

Prior to playing, Rhodes signed a contract that stated he would be paid $250 per game with a $50 winning bonus, and that he was covered by workers' compensation benefits, the suit says.

However, after the surgery, Rhodes filed a workers' compensation claim with BrickStreet Mutual Insurance Company, and was notified shortly after that his claim was denied because the Heroes did not have workers' compensation coverage.

Rhodes claims he is unable to have his surgery because BrickStreet denied his claim. He claims he has no other insurance to cover the cost of his surgery and subsequent rehabilitation.

Rhodes also claims he was not paid his $300 when it was due, and did not receive it until the end of April.

In the three-count suit, Rhodes seeks compensatory and punitive damages, as well as liquidated damages of $900, plus attorney fees.

Attorney Timothy P. Rosinsky is representing Rhodes.

Cabell Circuit Court case number 08-C-512


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