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Daffney vs. TNA not a dead issue



filed to GERWECK.NET:

“This issue is not dead. Daffney took it to the brink and farther than any other wrestler in history has been willing and/or able to do. The courage she exhibited for over two years was simply amazing. I now have another wrestling client who intends to pick-up where Daffney left off. Should get interesting folks.”

From the facebook of Christian Garstin, the lawyer who defended Daffney and Scott Steiner in their recent cases against TNA.

https://www.facebook.com/cgarstin

Post Category: News

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6 Responses

  1. Agent Cooper says:

    Take those bastards for all they’re worth, Daffney. Which probably isn’t much at this point.

  2. Fisha695 says:

    Actually according to that Daffney vs TNA is a dead issue and it’s just the scumbag lawyer claiming he has somebody else that’s going to do the same thing.

  3. Christian Garstin says:

    To Fisha695:

    By way of introduction, I am the “scumbag lawyer” you so eloquently refer to in your comment. Respectfully, it is quite obvious that you wholly fail to comprehend the primary issue that was involved in Daffney’s case, which continues to be the primary issue going forward, i.e. the employment classification of professional wrestlers. This issue is quite simple to understand, and I would certainly be willing to draw you a picture (with stick figures of course) if you can’t read and write at an 8th grade level. However, I assume that you can; therefore, let me now explain this issue in the simplest terms at the risk of putting a spotlight on the ignorance of your comment.

    The issue is not whether Daffney v. TNA is dead, as your comment insinuates. Instead, the issue concerns the classification of professional wrestlers as independent contractors versus employees. To better clarify this issue for you, independent contractors are not entitled to the same benefits that employees are entitled to receive, i.e. medical benefits, workers’ compensation benefits, etc. When wrestlers like Daffney are injured in the ring, should they be precluded from receiving medical and other benefits based on the contention that they are not employees of the organizations that they wrestle for?

    I believe that most professional wrestlers are paid per appearance, and the amount of money that they receive for these appearances is nominal at best. Despite this, however, these same wrestlers are the ones primarily responsible for making millions for organizations like TNA. Having said this, these organizations should be held accountable for payment of medical bills, etc. when its wrestlers or “talent” suffer injuries in the ring doing the very things that the organization has asked them to do or has scripted, which are coincidentally the very things that the organization profits from. Obviously, TNA didn’t think so in Daffney’s case.

    Organizations like TNA contend that wrestlers like Daffney are not entitled to payment of medical bills or other benefits because they are independent contractors as opposed to employees. I don’t expect you to know the law, sir; but I will tell you that in defending workers’ compensation cases for almost 10 years, this contention is a gross misclassification in my opinion. Regardless of how wrestlers like Daffney are classified or identified in their contracts, irrespective of whether they are specifically identified therein as an independent contractor, they are clearly employees of the organizations they wrestle for. As the saying goes: “If it looks like a duck and quacks like a duck, it’s probably a duck.”

    Overall, perhaps your comment about me stems solely from your personal opinion that all lawyers are scumbags. Maybe that kid in school who kissed your girlfriend and stole your lunch money eventually became a lawyer. I don’t know; but I trust that if you take the time to apply a common sense approach to the central issue in Daffney’s case and others, you will quickly realize the motivation surrounding this issue. Having said this, it seems to me that insofar as you’re likely a professional wrestling fan, you can at least comprehend the fact that the most important individuals in the industry are the wrestlers themselves. Without them, the industry doesn’t exist or survive. They are the most valuable commodity in the industry, far more valuable than the clerk in the mailroom who receives the same employee benefits that organizations like TNA refuse to provide to its wrestlers.

    In closing, I wish to apologize for being the scumbag lawyer who intends to fight damn hard to protect my clients’ rights where their entitlement to benefits is concerned. The cost of these benefits is modest to say the least, especially when considering the nominal payment they receive per appearance. In fact, the amount of money you last paid to see your favorite wrestler(s), whether for a ticket or for pay-per-view, was likely far more than what they were paid to entertain you.

    Sincerely,

    The Scumbag Lawyer

  4. Fluff mcgruff says:

    Let’s hope he sues tna on behalf of the fans who once enjoyed their product until they changed rings and kicked jeff Jarrett to the curb

  5. Y_Set says:

    LOL! Fisha695 just got owned.

  6. tkemonster says:

    Speaking as another attorney who is both very familiar with workers compensation cases (having defended them for nearly 20 years) and also as a 30 year plus fan of professional wrestling, I have to agree with what the “scumbag lawyer” to which you refer said.

    The point that he was making in his original post has nothing to do with taking anyone for what they are worth…having no idea what was paid, if anything, or what settlement was reached, if one was reached at all, all I know is that for workers compensation cases, typically the recovery is not great unless the employee in question has a devastating injury that prevents them from ever working again. Daffney, while clearly injured is fortunately, smart enough and young enough to be able to do something to make a living. With that said then, I imagine that the case itself was not worth a ton of money in and of itself.

    What this “horrible” attorney was trying to do, was to establish that the performers who risk life and limb (see Darren Drozdov (paralyzed), Mitsuharu Misawa (died), Owen Hart (died), Steve Austin (broken neck), Sid Vicious (snapped leg), Triple H (torn quad), Jesse Sorenson (broken neck), Shawn Michaels (back injury), Mick Foley (too numerous to mention but having part of his ear ripped off is a good start), not to mention the numerous concussions now getting more and more (rightful) attention), deserve the same rights as any other employee of a company such as a file clerk (who gets a bad cut) or a furniture mover (who strains their back) or even a scumbag lawyer (who gets into a car accident driving to Court).

    This is about the distinction between being able to recover medical expenses and whatever else the law allows and not taking anyone to the cleaners. This is about the distinction between “independent contractor and employee” and not about getting rich off this. If the wrestler is deemed an independent contractor, forget about recovery for the injuries themselves, the wrestler would not even get their medical expenses paid for. Do you really think that the wrestler should be responsible for paying their own medical bills while the company for which they perform (and which make all the profit off them) should bear no responsibility at all? You need to remember that Daffney is a character being portrayed by a performer…there is always a difference between the character and the performer. While the character may be written off of TV, the performer is dealing with real injuries that affect their everyday lives.

    You clearly do not understand what is going on here and likely have no real reason to understand. Coming from the unique perspective of both an attorney familiar with the system and a fan of pro wrestling, I hope that I have at least given you food for thought.

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