A court upheld the workers’ compensation case of a former Eagles player who suffered a career-ending thumb injury
Commonwealth Court ruled that a state board made no legal errors in upholding an award of partial disability benefits for Emmanuel Acho after a broken thumb ended his NFL playing career.
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Pennsylvania’s Commonwealth Court on Friday sided with former Eagles linebacker Emmanuel Acho against the team in a workers’ compensation case arising from a 2015 thumb injury that ended his NFL playing career.
On Aug. 23, 2015, Acho fractured his thumb during practice — he had hurt the same thumb during practice earlier that month — and underwent surgery one or two days later. The Eagles released Acho immediately after the surgery and provided him with three weeks’ pay.
The Eagles re-signed Acho that November, but he could not play and was released approximately 16 days later. Acho tried out with other teams but was not picked up. Since then, Acho has worked as a sports commentator and TV host, and won an Emmy for a YouTube series about race relations.
A workers’ compensation judge awarded partial benefits to Acho for a post-injury period from 2015 to September 2019. The Eagles appealed and the Workers’ Compensation Appeal Board ruled in favor of Acho. The Eagles then appealed to Commonwealth Court.
In a 14-page memorandum opinion filed on Friday, Judge Patricia A. McCullough wrote that Commonwealth Court had determined that the Workers’ Compensation Appeal Board decision was “free of errors of law and violations of constitutional rights,” and was “supported by substantial evidence and did not arbitrarily or capriciously disregard any competent evidence,” as the Eagles had argued.
“It is an important decision for professional athletes,” said Philadelphia lawyer Michael G. Dryden, who represented Acho, adding that the law “is sort of stacked against them in terms of disability benefits.”
“One hundred percent of professional football players will get hurt some time in their career,” he said. “... Many of the players aren’t as fortunate as Mr. Acho to transition to [another] career like him.”
Lawyers for the Eagles could not be reached for comment Friday.
The opinion was issued as another former Eagle, Chris Maragos, is suing his doctors over his own career-ending injury. The trial began in a Philadelphia City Hall courtroom his week, with former Eagles quarterback Nick Foles and other members of the 2018 Super Bowl team testifying to support Maragos’ case.