# Williams v. Retirement Board of the Bert Bell-Pete Rozelle NFL Player Retirement Plan & the NFL Player Supplemental Disability Plan

> Court of Appeals for the Ninth Circuit · March 28, 2003 · 61 F. App'x 362

URL: https://www.frixlaw.com/law-library/cases/7216995

## Case

- **Full name:** Delvin WILLIAMS, Jr., an individual, on behalf of himself and on behalf of the Bert Bell-Pete Rozelle NFL Player Retirement Plan and the NFL Player Supplemental Disability Plan, Plaintiff—Appellee v. RETIREMENT BOARD OF THE BERT BELL-PETE ROZELLE NFL PLAYER RETIREMENT PLAN AND THE NFL PLAYER SUPPLEMENTAL DISABILITY PLAN William V. Bidwell Thomas J. Condon Eddie J. Jones Taylor Smith Leonard Teeuws Jeffrey Van Note, individuals, as members of the Retirement Board of the Bert Bell-Pete Rozelle NFL Player Retirement Plan and the NFL Player Supplemental Disability Plan, Defendants—Appellants
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** March 28, 2003
- **Citations:** 61 F. App'x 362
- **Precedential status:** Published
- **Opinion:** Concurrence by Berzon
- **Judges:** Berzon
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7216995

## Opinion text

BERZON, Circuit Judge,
concurring.
I concur for the reasons stated in the paragraph beginning: “First, medical evidence supports the determination.” I do not believe the court should rely on Mr. Williams’ employment history. The Board did not investigate the exact nature of his employment. The Plan therefore could not and did not ascertain either (1) whether Mr. Williams actually did substantial work (as opposed to being paid for occasional appearances or for lending his name to an organization); or (2) whether his employment fit within one of the exceptions contained in the Plan’s definition of “occupation or employment for remuneration or profit.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7216995. Public record. Not legal advice.