Daffney/TNA Legal Drama Update 3-10-13: She Took TNA's Offer..

Last edited by King Silva on Sun 10 Mar 2013, 9:40 am; edited 1 time in total

http://ringbellesonline.com/2013/03/08/daffneytna-situation-could-change-wrestling/

It has been around nine months since we had any update on Daffney‘s Workers’ Compensation claim against TNA, but Ringbelles has secured some information on the situation, and it could potentially lead to one of the biggest shake-ups in wrestling history. It could cause ripple effects not just through TNA, but also to WWE.

It was always telling that Daffney (Shannon Spruill) filed a Workers’ Comp lawsuit instead of a personal injury one, which could have been another avenue for her to be compensated for concussions which she suffered on TNA shows and effectively ended her in-ring career. The reason for that is because she wants to test the claim that wrestlers are “independent contractors”, which means that they are responsible for their own medical insurance and do not enjoy the same sort of protection and benefits that a regular employee would – similar to the lawsuit that Raven, Mike Sanders and Chris Kanyon filed against WWE back in 2008 – but was dismissed, partly because their claims were barred by statute of limitations.

TNA is to mediate with Spruill tomorrow – if a settlement is not reached, the case will go to court, when it will then be up to a judge to see if wrestlers under a contract, booked to appear at places on certain dates, be told to execute a planned outcome and not have the freedom to accept booking elsewhere are truly “independent contractors” or if they should be classified as employees. Rather than just looking to satisfy her medical bills which have left her out of pocket, Spruill’s case could create a legal judgement which means all wrestlers in places like WWE and TNA could legally have to become staff.

Were that to happen, both companies would likely have to face huge tax bills as well as an increase in costs due to having to sort out benefits and insurance. On the flip side, the wrestlers on the roster would have medical cover for their injuries. That would be more of an issue in TNA than WWE, considering wrestlers working for Vince McMahon are generally well taken care of, while there have been cases in TNA such as with Ron “R-Truth” Killings, Konnan and Jesse Neal where medical bills were a cause of tension, and April Hunter pointed out having to sign a medical waiver was a big reason why she never signed to wrestle with them.

It is possible that TNA would not want a lot of its dirty laundry aired in public as part of a court case where there could be a chance that a judge could decide that wrestlers should be classified as employees. There may be a settlement at the mediation stage tomorrow, with a confidentiality agreement signed which would bar Spruill from discussing the case any further. However, should that not happen and mediation ends without a settlement, the issue will be taken to court for a hearing on the motion on the same day.

Tomorrow could be a massive day for pro wrestling and pro wrestlers. We’ll keep you posted.

World Champion Number of posts : 1445 Registration date : 2011-06-10

I expect a settlement with the confidentiality agreement. There's a lot of dirty laundry Dixie doesn't need aired.

^ I agree.

TNA should just be smart and cautious and settle her case out of course.

If they gamble and the judge agrees with Daffney then they could be paying her bills and much more..

http://ringbellesonline.com/2013/03/10/daffneytna-workers-compensation-update/

On Friday, Daffney squared off with TNA over the mediation table in Nashville, TN over her Workers’ Compensation lawsuit which started in March 2011. If an agreement was not reached, she was willing to take the issue to court and let a judge decide if wrestlers were independent contractors, or if because of their circumstances they should be classified as employees and enjoy the benefits that a member of staff should have, such as medical insurance and a basic wage.

Daffney (Shannon Spruill) was willing to open Pandora’s Box in order to help out her fellow wrestlers who may have been injured in the past and were left out of pocket because of it, or for wrestlers who may get hurt in the future to be able to make the companies sort out the money for injuries they suffered while on the job.

A development in the case happened on Friday. Click the jump to read what happened.

In the game of chicken that both sides were playing against each other, TNA blinked first and offered Daffney a settlement, which was accepted. While details are sketchy – and may never come out if she had to sign a confidentiality agreement – she agreed to their offer, which was presumably more than the $26,000 in medical bills, which was what she was looking for in the first place.

Daffney took to Twitter late last night to issue the following statement:

"I’d like to take this opportunity to sincerely thank all the love and support over the past two years. I appreciate so much that you recognize the HUGE injustice that is being done to Professional Wrestlers throughout the industry. I hope my case has opened up a few blind eyes and maybe now we, the wrestlers who put our bodies on the line every time we step in the ring, are one step closer to being provided with medical coverage and all the benefits that go along with being a true employee and not an independent contractor."

While Pandora’s Box may not have been fully opened in the independent contractor debate, it is certainly ajar. TNA did not want this case going to court and a judge ruling in favor of Daffney, as it would have meant a massive upheaval in how it runs its business. It could have also had an effect on other companies which sign their talent to contracts – most notably WWE, but also on a smaller scale, Ring Of Honor. WWE in particular is likely breathing a sigh of relief, as the ruling could have knocked their business practices for a loop without them being involved in the original dispute.

However, what Daffney did do is show what leverage a wrestler can use if they find themselves in a similar situation. Threaten to test the independent contractor deal, stick to your guns, and the company will fold. For this reason, TNA may do more in the future to make sure that it does not get to this level again, pay the medical bills of its injured talent and avoid a messy deal like it has found itself in. While she may not have made sure wrestlers are classified as employees, she made huge steps in making sure that they are not left out of pocket and may be treated a lot more favorably in the future.

Nobody should be upset at Daffney for the decision to settle rather than going through the courts. While the potential victory may have been especially sweet had she won, it would have meant a lot more time in the legal system – something that she has been dealing with for the past 24 months – and it would have taken even more out of her. In doing what she has done, she has made huge steps in making wrestling companies be held accountable for what they ask their talent to go through and do the right thing if injuries occur. Hopefully nobody will have to battle to this level on the subject ever again – it could get very expensive for TNA if they do.

Subject: Re: Daffney/TNA Legal Drama Update 3-10-13: She Took TNA's Offer..

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