Brent Boyd v. Bert Bell/pete Rozelle Nfl Players Retirement Plan Nfl Player Supplemental Disability Plan the Disability Board

Former professional football player Brent Boyd appeals the denial of football degenerative disability benefits under the Bert Bell/Pete Rozelle National Football League Player Retirement Plan (“the NFL Plan” or “Plan”). The Plan provides retirement, disability, and other benefits to eligible current and former professional football players. The district-court granted the NFL Plan’s motion' for summary judgment, holding that the Plan’s Retirement Board (“the Board”) did not abuse its discretion in denying Boyd’s claim for football degenerative disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM,

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Brent Boyd was drafted in the third round of the 1980 National Football League (“NFL”) draft by the Minnesota Vikings and was an offensive lineman for the Vikings until his retirement from the league prior to the 1987 season. 1 After his retirement, Boyd claimed approximately $82,000 from settling-claims he asserted under California Worker’s Compensation system as a result of several injuries, but not including any specific head trauma. Boyd held various jobs until August 1999, when he was no longer able to work.

In March 1997, Boyd filed his first…

concurring in part and concurring in the result:

I part company with the majority’s inclusion of the dictum on pages 7026-27, *1180 where the opinion states: “An ERISA administrator’s exercise of its discretion to adjudicate claims is not a mere exercise in expert poll-taking. We hold that a mere tally of experts is insufficient to demonstrate that an ERISA fiduciary has abused its discretion.” The opinion reaches the correct result solely because the standard of review is “significantly deferential” to the Board; we may not hold the Board’s factfinding to be erroneous unless the “entire evidence” leaves us with “the definite and firm conviction that a mistake has been committed.” Concrete Pipe & Prods., Inc. v. Constr. Laborers Pension Trust, 508 U.S. 602 , 113 S.Ct. 2264 , 124 L.Ed.2d 539 (1993). Moreover, “that the plan administrator’s decision is directly contrary to some evidence in the record does not show that the decision is clearly erroneous.” Snow v. Standard Ins. Co., 87 F.3d 327, 331 (9th Cir.1996). My conclusion that the Board did not abuse its discretion under this standard is based on the fact that Boyd’s head injury was not contemporaneously diagnosed, and…

410 F.3d 1173 Brent BOYD, Plaintiff-Appellant, v. BERT BELL/PETE ROZELLE NFL PLAYERS RETIREMENT PLAN; NFL Player Supplemental Disability Plan; The Disability Board, Defendants-Appellees. No. 03-56514. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 10, 2004. Filed June 13, 2005. Lawrence D. Rohlfing, Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, California, for the plaintiff-appellant. John P. McAllister, Groom Law Group, Washington, DC, for the defendants-appellees. Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding. Before: BEEZER, HALL, and McLANE WARDLAW, Circuit Judges. BEEZER, Circuit Judge: 1 Former professional football player Brent Boyd appeals the denial of football degenerative disability benefits under the Bert Bell/Pete Rozelle National Football League Player Retirement Plan ("the NFL Plan" or "Plan"). The Plan provides retirement, disability, and other benefits to eligible current and former professional football players. The district court granted the NFL Plan's motion for summary judgment, holding that the Plan's Retirement Board ("the Board") did…