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WCAB: N.J. Devils 'Wrongfully Withheld' Medical Records

  • State: California
  • Topic: WEST
  • - Popular with: Legal
  • -  1 share

The New Jersey Devils "wrongfully withheld" medical records in a workers' compensation case filed by a former enforcer for the professional hockey team, a California Workers' Compensation Appeals Board commissioner ruled Nov. 15, according to media reports.

Mike Peluso

Mike Peluso

Former player Mike Peluso, 50, filed a workers' compensation claim in San Francisco in 2012. He played his last game during the 1997-98 season.

Peluso was one of the toughest enforcers in National Hockey League history, The Sports Network reports. He was involved in 240 fights during his time playing for the New Jersey Devils, St. Louis Blues and Calgary Flames. 

He now suffers from dementia, depression, anxiety, memory loss and a seizure disorder, according to court documents. Court documents list the three teams he played for and their insurance companies as defendants in Peluso's workers' compensation claim.

Workers' Compensation Appeals Board Commissioner Marguerite Sweeney ruled last month that the Devils withheld two medical documents that Peluso's legal team says are crucial to his case.

One is a Dec. 18, 1993, medical report confirming that Peluso suffered a concussion after hitting his head on the ice during a fight. The other is a Feb. 21, 1994, report from a neurologist warning the Devils that Peluso could continue having seizures if exposed to further head trauma.

According to Peluso's lawyer, Shawn Stuckey, the Devils have not explained why they withheld the Feb. 21, 1994, report. The team said the Dec. 18, 1993, report got stuck to another record, causing their lawyer to miss it, Stuckey said.

One hundred and five of Stuckey's fights took place after the Feb. 21, 1994, warning that he should not suffer further head trauma, TSN reports.

NHL players and other professional athletes could file cumulative trauma claims in California regardless of whether their team was based in the state until 2014, when the state changed the rules so that only athletes for California teams could file claims. 

Read TSN's story here.

2 Comments (One Reply)

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Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Gary Tobia Dec 30, 2016 a 4:12 am PST

Insurance companies and employers do this all the time. Whats new ? Got caught finally?

Rebecca Canett-Biazus Jan 3, 2017 a 3:01 pm PST

True, but will it make a difference? They(Ins. Co. & Employers) seem to be allowed to do what they want, since the rules have been in there favor. Lets all agree, it doesn't matter if an Employee is actually hurt!

Dina Padilla Dec 31, 2016 a 6:12 pm PST

It's incomprehensible that the hiding of medical records as common as it is, that have resulted in continual denial of claims hasn't investigated by the federal DOJ!

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