~QO Saint; ~~~I Stl"'eetl • al,lu:~ 2420 • aaltlrng~, Msr-yliU'",d e'1 202-2QOe Nfl P1.

AYERS

410.SS!!"SbS9 • BOD.El3a.S'Iaa • FBlI' 4'1D~7a3-OD4'1 ".~(otIH'''.

VIA FEDERAL EXPRESS

AprU1S,2010

Dr. Robert N. Meek

Vancouver, Canada

Re: Andrew Stewart

Dear Dr. Meek:

On January 14,2009. you examined Mr. Andrew Stewart and prepared a report (copy enclosed) in connection wtth a disability claim under the Plan. I write to request clarification of your evaluation.

In your report. you address Mr. stewart's impairments from his football playing career in the National Football League ("NFLI') and Canadian Football League ("CFL "). Please clarify whether Mr. Stewart would be totally and permanently if he had not played in the CFL. We ask that you provide as detailed a narrative response as appropriate to fully explain this issue.

At your earliest convenience, please let me know when you believe you will be able to provide the requested clarification.

Thank you for your assistance with these matters.

Sinc¥'~1 /

PautScott

Benefits Coordinator

GLG;PRS

co: Michael Rosenthal, Esq.

Hisham Amln, Esq.

Enclosure

~'Anlcle-

~HoJ~ Jr.M.D.

J~hr<~ Un, MoD. ~U:e,M.o,

HJI1c1' to mow

MIll: C/J1'Jcq. Moll, J~~~ 1t1!l1lll1l!l, M.D. Rebfll: ItIyI!ld:l. M.D.

Joint MmII!ilmt;ti!!n

iIIdl8l'11l1efljl!f. hI.D.

~MaV;Mk:,M$, JOf(f!! G:lblltl!;. M.D. ~!M.l ~1i!,.llo. J8!IItg .lJmlIJ, M.o.

In!tt ltlllhC, M.o.

W~na PiJlftldl: M.I). A11<1!1 A_lMIll!. M.O. li4:IIIt~M.o.

~~ steYt!n Ckefos. MD. 'Ml1Id VI~If, t.!J),

Ol1Iki~l'I:lllllTo' WIIIII!!t VIImI, ~.D.

~!I~ Q.tM1H"'(~ IU.\la ~ ""c.

Pl'q!:i~~"~~ Jlprilli!C!I!>t !lD. '1!ji:! ~Illl'. M.O.I'I!.O.

Spint, BIICt & tac~ HowlIIti .An, M,D. r;.ullJl>f~o!~~tl.""'O, O1I"~J.O~,M.I).

I;dwal'll CGIdbe1g, M..O. .t:I1II W. Ml!m~I!I,M,!l.

OI'Vid" '~,"",M.D. fr~llk'hini(l5,M.o. (WSi~M.C.

S(lOlbMe!!~ l1li_ kdl, Jr.M,g. ~9~nsl:l.J.lD. 0I..1fo:I~ 1I~ItJM!1lh. M.O. e,;~~ Cal!, II.\D. M.BA lllA"il!>Jr.4I;i~Ms.M.O. ~~Nht>,M.O, ~ Ntilnl5m.lItD. ~~ IWIQI!9.M.J). ~khf WIIIIi, IoI,D, 1CItil'_~tu.o.

Midwest Orthopaedics at RUSH

RE~r=I\/C~

JUN 14 2010

NF~ PLAYER tiElVcFITS

5fZ7/2010

Paul sccrtt

NFL Playar Benefits

200 Saint Paul Street. Suite 2420 Baltimore, Maryland 21202-2008

RE: Stewart, Andrew

DMr Mr. Scott:

I am m receipt of your theory whIch In my op!nlon regarding April 24, 2010 letter and report ae well as the response from Dr. Robert N. Meek. M_D_, an orthopedic tl'auma surgeon from VanOQl)v~r, arit~h Columbia. I have reviewed his April 29, ·2010 response. h you know. the issue in this situation IS not whether Mr. Andrew Stewart meets the criteria for line of duty disability; It is whether he 'is totaUy and pennanently disabled. My understanding of this definition as It pertains to professIonal footbslllnjured players; specific to the Bert Belf NFL Retirement Plan is whether an irxflVidual is totally and ~rmanently disabled and unable to perform any fine of work. B~sed on this. in my opinion, Mt_ Andrew Stewarl; is !lot totally and permanently di38bfed and I have previoo~ly provided QpiniQo$ with regard~ to h~ specific injuries as it pertained to NFL related Injuries ve~us Canadian football regulated injuril!!5_

SincerelY yours.

Bernard R. GOiIQh. Jr., M.D.

BRB:CT/af

AS 000483

fi)l;ltilAnl:Ie:

~lJelft.!rlltl,,b;,M.!l. l~liI,M.(). ~1lKlll~~.D.

Il1Wt 11< EII>ow

IbJt_Or~.!.W*f'tIllBllller.MD. ~~M.Q

'ubt~ !I!dlWd~M,o.

CmIg DcIM vaH~ t~,P. ~~M.o. S-~I.o{.D. JD!liII~JAQj~MA

~ItLMII!,M.D.

Midwest Orthopaedics a RUSH

4/2412009

Mr_ Paul Scott

Bert BeU/Pete Rozelle Nfl Players Retirement Plan 200 St Paul Street, Suite 2420

Baltimore, Maryland 21202-2008

RE: StewaJt,. Anc!rew

Dear Mr. Scott:

review of the records that you submftted to me. and racei\ied yesterday, 4123/2010, regarding Mr. And~ stewart. His histo~ Is we" ~nown to you. In

~~I'LO. _~MJJ.

~r-~ W;i!lWVIIfM. r.w,

~ottt;.~ Molllu~!.U1.

~1oI_'1';IIn~~ ..ljItil"-~!;JA l'!j131lmng. KD. P!l.D.

~e..d:&~ ~An.1W. ~M<It~,~.I'!I.a ClII!"mpi'tlt-},~-M,Q, ~,.i~~~o.

II:h!IW.~I1II'11~M.o, ~ ~ hmioJI,M.D. 1'I>n!~I'I.II$pf,M.D. ~~I.u).

S)!ort!IMtlIidtllt !IemII~_Jt,,...o. tQ$n~,M.D.

O!~!Iti _J!II'qII1,1!U\ IAAIn um;. M.tI.W!A JaI'6ry~~ 1tU), ~1':Ii6,M.(;J, (;segoQo~M "~lhom'fIqJjm, ~,o.

NiI.1JII~J.4-1). ~~~M.D.

career and spent severaf years in the Canadian Foofbad league. He sustained multiple extremity injurIes during the course of hls entire profe~iQnal football career. Howeverl the NFL-related Injuries were to hl$l$ft Knee with an Act injUly and partial lateral meniscectomy, a right anlde partial Achflles tendon rupture, and a right hand second metacarpal fracture tequiling surgery. His canadian football career resulted in a secondary operotion on his left knee for

<Ii revision parfiallateral meniscectomy, a right knee arthroscopic partial fateral meniscectomy with chondroplasties. a. right eJbow trioops injury, and a right knee qU:;Iidliceps tendon rupture. In my opinion, the Nf=L-re1ated injuries wwld not qualRy him fortO'td!I and pEM1n~nent disability~.

Bernard R. Bach, Jr" M.D. BRB:CTIke

Enclosure

Steward, Andrew DOB: 11/20/1985

412412010 OV MOR OB (BRB:CTlke):

I received a Jatter via Federate &press, on 412312010, regarding ML Andrew stewart. I raceived a reque&t from Mr. Paul Scott, Benefits Coordinator of the Bert BelllPete Rozarle Nfl Playem Benefit Program. in a letter authored dated 411912010 to review enclosed records that were received r(!gGrding my opinion of whether Mr. Andrew stewart would be totally and p~rmanently disabled if I1e had not pl~ In the Canadian Footbalf league. I have receiVed one and a half inches of records that I have reviewed entirelY in detail. These records Chronicle what significant Injuries Mr. Stewart provided to the Ben BeJ[/P~te Rozelle NFL Players Retirement Plan. Of note Is that he sustaIned a significant left knee ACl injury requiring ssve-raJ subsequent surgeties_ This was heated in 1991 by Dr. Heidt in Cincinnati when tha patient played in the NFL The patient had a partial lateral meniscectomy and ACL reconstrucdon. I onlY have two operati~ reports specific to the left knee. The patient, In his file indicated that he had had four operative ptooedulW. A seeend operative report froin September 4. 1998 was noted. This 'WaS.p$tiOrmed by Dr. J. Fraser in Saskatclwwao when the patient was a Canadian football player. This is a very brief operative report and the findin,gs noted that the knee was stable, that the pateliofemoral joini was normal, that the medial compartment was examined and looked '!fifl&",~mpar'..meM .. ~ III degeRefalivetype tear 4 the lateFaI FAeAiS8H8--

which was debrided, and the articular surfaces of the femur and tibia were stiU"reaaonably good". AdaltionaUy, records indicate ltIat the patiant had a trk:ep5 Injury on his right elboW -A!8gjgrl \"Rl:K:b lIJaG r;alaw'iil f.9Cat:I~di"R foQtbaU Ib~ patlel:.\t gl'iOO ~ .Dgbt knee

arthroscopy s.ubt:equant to Canadian Football League involvement with a partiallaWaJ m$nj~etOfny. Notes indicate that he has arthrltlt Il'IlM right kn~. This operative report waG dictated by Dr. KW. Marshall at the TorontO' Hospital on 2/1211996, The p9:tient had some ~m6derat$ grade liD degenerative changes in ihe medial femoral condyle and medial tibIal plateau which 'Were debrided, and a partlallateral meniscectomy was performed. There was some qUMtiott of wheiher there had boon some injury to the ACl historically. There were early to moderate grade II changes over the lateral femoral condyle and lateral tibial plateau which wers also debrkied. Add'rtional mcords indicate that the pafioot, as a 34-year-old professional football playQJ', sustained a rupturad quadricep!!l tandon In trainIng eamp in the Canadian Football League, and unde-l\Ye!'rt ~urgical treatment by Dr. K. W. Mars-haft. This procedure 'Was p¢rtormed on June 4, 2010 by Dr. Mahomed. The o~ive ~POI1: Il"Idi~"tnat Or. K.W. Msrshall would follow the patient (;:lil'li¢;ally postoperatively, Additional records from Dr. Gordon A. Brody dated 811011993 indicated that 100 patient had a 10--day old right second metacarpal fracture. He subsequenfly underwent open treatment of a complex closed articularfrac.1.ure of the metacarpal head and neck This surgical procedure was pecfonned at Stanford University on 811 0/1993. Additional records from 01'. John BergfBid Indleatel that the pa1fent was treated for an injury to the right Athmes tendon, This was not a complete injUry. He was treated nonsursicaHy, Finafly, the records indicate that there radiographic findings of some elbow arthrffis regarding the right elbow. This is unreklted, in my opinion to the triceps rupture •.

Please note that I have not personally reviewed MY radiogMf)hs nor have I examined the patient I was simply asked to review {hess records with regards to whether the patient's NFL~ related tojuries would be consistent with the criteria for total and permanent disability. Obviously. the patient has multiple extremity involvement However, the light elbow triceps rupture. the right knee arthroscopy for a lateral meniscal tear, and the right knee quadrieeps tendon rupture are aU CFL related. The right !:eoond mernearpal hand fracture, th~ lmt ACl surgery aJld pattiallateraJ menisoociomy were NFL related. The right paJ;tl~d AchUle:s tendon

RE~ Steward, Andrew DOS: 412412010 Page 2 of2

injury was NFL related_ In my opinion, the injuries $I)$ta'Md whij.: playing in the NFL would not qualify him for total and permanent disability.

These opinions are rendered based On my experience as a Board Cerlffied and R.ecertlfted orthopa~dic- Surgeon with a specialty ill SpOrts: Medicine. Please note that I am one of the Medical Advisory Physicians for the BeH; BeIUPete Rozelle NFL Player R.etiremant Fund. and that any reimbursements that have received for the opinions that I render are independent of tha$e opinions of whBthar they Qualify a pfayer for line..of..duty cflS®iJity artd/or total and pennanent di~abj'jty, oqmether 1hey refute the prayers' reqUQSt for LOD or total and pem'l3heht

di~ablllty. ~

c: Mr. Paul Scott -

Bert BeJlIPata Rozelle NFL PI<tylltrs Retirement Plan 200 st. Paul Street Suite 2420

Baltimore, Maryland 21202-2008