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Foul Ball: Florida Appeals Court Says Detroit Tigers Owe Little to Injured Pitcher

If the Detroit Tigers Major League Baseball team needs money to rebuild its roster next year, a Florida appeals court just saved the team more than $14,000 in workers’ compensation payments to an injured minor league pitcher.

The 6-foot, 4-inch Sodders, out of Riverside, California, was playing for the Detroit Tigers’ Class-A Minor League team in Lakeland, Florida, in 2018, when he injured his throwing shoulder. Until then, he had posted a respectable earned-run average of 2.72, according to Minor League statistics on milb.com. The Athletic publication called him a top minor league prospect in 2018.

Not long after his injury, though, the Tigers released him. Sodders filed a workers’ compensation claim for temporary total disability. The team paid 70 weeks of benefits at $144 per week, for a total of $10,170. In 2022, Sodders hired well-known claimants’ lawyer Michael Winer, of Tampa, who filed a petition arguing that the team had miscalculated the benefits, and the player’s weekly wage amount should be more than doubled, with benefits totaling at least $24,360.

If the Detroit Tigers Major League Baseball team needs money to rebuild its roster next year, a Florida appeals court just saved the team more than $14,000 in workers’ compensation payments to an injured minor league pitcher.

Florida’s 1st District Court of Appeals struck out a compensation judge’s decision to award lefty pitcher Austin Sodders indemnity benefits of $349 per week, more than twice as much as Sedgwick Claims Management had argued for. The court said that the comp judge, Robert Arthur, had abused his discretion by skirting statutory requirements and rejecting the terms of the player’s contract.

“The JCC (judge of compensation claims) does not have discretion to reject the contract’s plain language, even where he finds it too ‘stringent,’” the 1st DCA wrote last week. “Nor does the law permit the JCC to supplement the contract’s explicit terms with his own more flexible terms.”

The decision highlights how tricky it can be to calculate the average weekly wage for some part-time or seasonal workers, particularly ballplayers. Florida law has four different subsections that speak to the methods by which wages should be calculated. Sodders had elected not to pursue a seasonal-worker allowance in the law, and two other sections did not apply; that means that the contract and Sodders’ actual, full-time weekly wages should govern, the court said.

Both sides agreed that the player had been paid $1,500 a month in salary, per a standard, five-month Minor League contract. Sodders and Michael Winer argued that the wage and comp benefits should be based on a full year of pay at the rate of $1,500 per month, producing an average weekly wage of $349.

The fairest and most reasonable way to calculate the average weekly wage is to simply divide the monthly salary by 4.3 (weeks in a month) for a base wage of $349, the judge said. Otherwise, the employer gains a windfall. He also awarded attorney fees to Winer.

 

If you’ve suffered an injury of this type which you believe may be a result the negligence of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered. Injuries on properties can include those from:

Call Michael Winer – Injury Attorney- (813) 224-0000.

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