A California workers panel threw out former Dallas Cowboy Tony Dorsett's brain-injury claim just months before he was diagnosed with initial signs of chronic traumatic encephalopathy, the Los Angeles Times reported Thursday.
The diagnosis of Dorsett, the 59-year-old Hall of Fame running back, was made public Wednesday when two UCLA researchers found that Dorsett, Hall of Fame offensive lineman Joe DeLamielleure and former All-Pro defensive lineman Leonard Marshall showed signs of CTE, a degenerative disease that has been linked to head trauma.
The condition has led to depression, dementia and suicide in former NFL players.
Dorsett's claim was denied in May when a workers compensation judge ruled that Dorsett agreed to an $85,000 settlement for injuries to "multiple orthopaedic body parts" in 1991, the Times reported. Therefore, the player was not allowed to file any more claims for subsequent injury, according to state records.
Dorsett appealed that workers' compensation decision, but the decision was upheld in August, the Times reported. A three-judge panel ruled that the 1991 settlement released both the Dallas Cowboys and Denver Broncos from all future claims involving virtually any body part, including the head.
Dorsett's attorney, Mel Owens, told the Times he could not discuss the case. He had 45 days to appeal the decision to the California Court of Appeal, but no such appeal was filed, according to court records.
CTE was discovered in the brains of several deceased NFL players during autopsies. Junior Seau and Duane Duerson, both of whom committed suicide, both were diagnosed with CTE. Recent advances in medicine have allowed for CTE diagnoses in living subjects.
Dorsett spoke to ESPN about the diagnosis a day earlier.
Dorset told "Outside the Lines" that his "quality of living has changed drastically and it deteriorates every day." He gets lost driving two of his daughters, aged 15 and 10, to their games. He also said he has been prone to temper outbursts.
"It's painful, man, for my daughters to say they're scared of me," he said. "It's painful."
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