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Former Red Dog appeals to high court
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FarkRAPID CITY — Former Rapid City Red Dog Chad Carpenter just wants to have his medical bills taken care of. Unfortunately, he played for a franchise that no longer exists and didn’t pay all of its bills when it did.
Carpenter’s lawyer, Michael Simpson, appealed to the South Dakota Supreme Court on Thursday that Carpenter should be able to receive compensation from the league the Red Dogs played in as a result of suffering a neck injury in a league game in February of 2003.
Carpenter contends due to the National Indoor Football League’s control over the game, the Red Dogs and the players, the NIFL had an implied contract with Carpenter, making the NIFL and the Red Dogs joint employers of Carpenter. Carpenter claims that the NIFL was therefore required to cover him with workers’ compensation insurance.
“I feel like there was a contractual agreement signed and that I suffered some significant losses financially that I paid myself,” Carpenter said.
“I feel like I should get some restitution.”
Carpenter, a former offensive lineman, was injured in a Feb. 29, 2003, game in Sioux City, Iowa, when he was flipped onto his helmet and suffered a wedge compression fracture of a vertebrae in his neck.
Neither the Red Dogs or the NIFL were insured at the time under the workers’ compensation laws of South Dakota. Carpenter sued both the Red Dogs and the NIFL for damages in seventh circuit court in Rapid City, which entered a default judgment against the Red Dogs, but granted summary judgment for the NIFL, exempting the league from liability for Carpenter’s injury.
The Red Dogs had failed to keep up on their workman’s compensation payments, allowing the coverage to lapse and eventually be voided, which caused Carpenter to look to the NIFL to reimburse him.
“We calculated the expenses from the medical bills and the time off in the season and it’s about $11,000,” Carpenter said.
“I just want my medical bills and workman’s comp. Mike Wilson has done a great job over the last few years of looking after the best interests of an injured athlete.”
Carpenter, now teaching middle school math and English in Lexington, Ky., hasn’t suffered any serious long-term damage as a result of the injury, but never played football again.
The NIFL claims it did not have any contract with Carpenter, express or implied, that it did not exercise any control over Carpenter, nor did it have any authority to terminate or hire him, and therefore cannot be considered his employer.
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