Former England captain Dave Watson’s fight to have brain condition recognised takes step forward
Lawyers for former England captain Dave Watson have welcomed “an important step” forward in his fight to have his brain condition recognised as being the result of football-related injuries.
Doctors believe the former Barnsley player, who won 65 England caps, has probable Alzheimer’s and probable chronic traumatic encephalopathy, a progressive brain disease linked to repeated head trauma.
The Secretary of State for Work and Pensions Pat McFadden has decided not to appeal against an Upper Tribunal ruling made last November that a First Tier Tribunal (FTT) should rehear Watson’s claim to receive industrial injuries benefits in relation to head injuries he suffered in his playing career. If successful, it could open the door for further former players with similar conditions to claim.
The FTT had initially upheld a decision by the Department of Work and Pensions not to award Watson benefits.
Ryan Bradshaw, a human rights solicitor from the Leigh Day law firm, which represents the 52-year-old, said yesterday: “We can confirm that there will be no appeal in David Watson’s case, bringing this stage of the litigation to a close.
“This is a significant outcome for David, his wife Penny and their family. The Upper Tribunal’s decision stands, and the case will now return to the First Tier Tribunal to be reconsidered in line with the correct legal approach.
“This ruling is an important step toward securing proper recognition of the impact that repeated head injuries in professional sport can have on players’ long-term health.
“It reinforces that the law must properly account for the cumulative effect of injuries sustained in the course of employment. We hope this outcome will assist others in similar positions seeking fairness and access to the support they deserve.”
In the initial hearing, the FTT did accept that 10 documented head injuries could accurately be described as accidents suffered in the course of employment.
However, it concluded the ‘process’ of playing football for many years and sustaining multiple undocumented injuries meant he would have had the same neurological decline without the documented injuries.
The Upper Tribunal, which heard Watson’s appeal on October 1 last year, ruled the following month that the effect of multiple undocumented incidents must be considered by the FTT when assessing whether an injury will result in an award of benefits, and that the reasons given for dismissing Watson’s case were inadequate.
The Watson family have also had support in their claim from the Professional Footballers’ Association.