Page 6 - October 2020 NFL Newsletter Lawyers Edition

Published Decisions by the Special Master
e post all decisions the Special Masters designate to be published on the Settlement
WWebsite (under “Documents” click “Special Master” below “Published Decisions”). Several
recent Special Master rulings that affect Monetary Award Claims are on the site:
Neuropsychological Testing and Validity
In this September 29, 2020 opinion, the
Retired NFL Player submitted three sets of
neuropsychological tests to support his Level 1.5
Neurocognitive claim. The first was performed
by a doctor whose testing has been disallowed
by the Settlement Program and the second
was performed more than a year before the
MAF exam, so neither of those tests could be
considered. Both the neuropsychologist and the
AAP determined that the third test was invalid
because of suboptimal scores on performance
validity tests and issues relating to several Slick
criteria. Rule 10(d) of the Rules Governing MAF
Physicians clarifies the proper practice for the
diagnosing physician in the event that he/she
disagrees with the conclusions of the examining
neuropsychologist. It does not state that the
Claims Administrator must simply defer to the
opinion of the MAF Physician in the face of such
a disagreement. Invalid neuropsychological test
results cannot support a Level 1.5 Qualifying
Diagnosis.
6 INSIGHTS Lawyers Edition October 2020
Neuropsychological Testing: Slick Criteria
and Validity Testing
This October 21, 2020 opinion remanded
this claim based on a diagnosis of Level 2
Neurocognitive Impairment on which various
medical experts have disagreed during its
complex procedural history. The Special
Master explained that where a particular Slick
criterion is inconsistent or discrepant, or criteria
point in different directions, the examiner 150-Mile Rule for MAF Exams
must thoroughly explain in writing why the
testing was valid and directed that the Claims Generally, a Retired NFL Player should be examined by a Qualified MAF Physician whose practice is
Administrator try to obtain an analysis of the within 150 miles of his primary residence. The MAF Physician Locator tool on the Settlement Website
test validity that must: (1) describe why the MAF has information about this rule. When a Player searches for a MAF Physician on that page, it will
Physician believes that each Slick criteria is display the five nearest results and how many miles each one is from the location entered. We may
not a concern, focusing on the discrepancies grant exceptions to this 150-Mile Rule if the Retired NFL Player asks us, where there is no Qualified
identified by the AAP Reviewers; and (2) MAF Physician close enough to him, the wait for one is too long, the Player already has a doctor-
come to a fresh holistic judgment noting when patient relationship with a doctor, or other circumstances that seem reasonable, such as where the
possible why particular discrepancies should Player has a secondary residence.
not compel a finding that the testing was
invalid. The AAP should defer to a clinician’s
Slick-criteria-based validity analysis when it Contact us before your client’s exam to ask for an exception. There are three ways to
results from reasoning completely articulated request approval to see a Qualified MAF Physician more than 150 miles from the Retired
in contemporaneous reports, unless the NFL Player’s primary residence:
analysis is clearly erroneous. Conversely,
when clinicians fail to articulate their judgment 1 click here to fill out 2 click here to open a PDF 3 email us and tell us the
through complete Slick analyses, the AAP and submit a request of the request form that information requested in
may thoroughly and independently assure online through the MAF you can print (and email or the form.
themselves the criteria do not indicate invalid Physician Locator tool; mail to us); or
testing. The Claims Administrator evaluates
the submitted claim and determines whether it We will let you know as quickly as possible whether the request has been approved. You can read
satisfies the Settlement requirements, guided more about the 150-Mile Rule and its exceptions in an FAQ on the Settlement Website.
by the AAP, whose job it is to make sure that
claim adjudication follows the medicine. If you have any questions about any of this or one of your clients has any problems getting an
appointment, email us at ClaimsAdministrator@NFLConcussionSettlement.com or call us at
Click here to read these decisions. 1-855-887-3485.
October 2020 INSIGHTS Lawyers Edition 7