UPDATE: Rosenthal has updated his column, making it clear that he’s not advocating insurance fraud. Rather, he’s talking about the possibility that A-Rod may not be able to come back absent the PEDs he’s been allegedly taking these past several years. I get that distinction, but I don’t think it changes the calculus much. Insurance companies would still fight any permanent disability claim tooth and nail, seeing them as matters born of opportunity, not of his actual physical condition.
8:31 AM: In the last post we saw Darren Rovell suggest that A-Rod and the Yankees commit insurance fraud. I figured, well, that’s just Rovell being Rovell. He tweets a lot of off-the-wall things. But apparently he’s not alone on the Insurance Fraud Express. Rosenthal goes there this morning:
The Yankees probably cannot void Alex Rodriguez’s contract, and they might not even need to try. A-Rod just might void himself. Specifically, Rodriguez might find a doctor who says he is suffering from a career-ending injury, collect the $114 million remaining on his contract and never play again … A-Rod can attempt to go through his rehabilitation, then make the case that he is physically unable to perform. A doctor surely could make such a diagnosis quite plausible, given the weakened condition of Rodriguez’s two hips.
Absolutely no one was suggesting that A-Rod’s career was over this time yesterday morning. This is 100% inspired by the bad P.R. created by the Miami New Times story. To say it’s “plausible” that a doctor could be found to say that A-Rod is done as a baseball player is the sort of thing ambulance-chasing lawyers who are ambivalent about insurance fraud say. Sure, of course you could find a doctor to say that, I suppose. But it has to actually be true, not “plausible.”
Any insurance company that would be on the hook for A-Rod’s disability claim is ten steps ahead of any columnist baking up such schemes this morning. They have read the December report from A-Rod’s own surgeon in which he said that A-Rod had less cartilage damage than expected than that “his rehab has the highest chance of successfully getting back to the level with his hip that he was before his hip started hurting.” They have also read the reports since yesterday in which the Yankees are portrayed as looking for any way possible to get out from under the $114 million he’s owed. They will fight and fight hard against any claim that A-Rod is permanently disabled, especially given that all of this talk about his alleged permanent disability magically popped up on some Tuesday morning when A-Rod became far more unpopular than he was previously.
Everyone, back away from the ledge. Stop suggesting that A-Rod’s situation is any different than any other ballplayer busted for PEDs. The only difference is that (a) A-Rod is owed a lot more money than most of them; and (b) A-Rod is a lot less popular than most of them. That’s it. And that is all that is inspiring this talk of voiding deals or committing felony insurance fraud so the New York Yankees don’t have to pay him anymore.
Josh Norris of Baseball America reports that Minor League Baseball has established a political action committee to continue fighting against a lawsuit brought by a group of former minor league players seeking increased wages and back pay.
You may recall that, earlier this year, two members of Congress — Republican Brett Guthrie of Kentucky and Democrat Cheri Bustos of Illinois — introduced H.R. 5580 in the House of Representatives. Also known as the “Save America’s Pastime Act,” H.R. 5580 sought to change language in Section 13 of the Fair Labor Standards Act of 1938. In doing so, minor leaguers wouldn’t have been covered under a law that protects workers who are paid hourly. Minor League Baseball publicly endorsed the bill. Bustos withdrew her support after receiving widespread criticism.
The whole thing started when Sergio Miranda filed a lawsuit in 2014, accusing Major League Baseball teams of colluding to eliminate competition. The lawsuit challenged the reserve clause, which binds minor leaguers into contracts with their teams for seven years. That suit was dismissed in September 2015. However, another lawsuit was filed in October last year — known as Senne vs. the Office of the Commissioner of Baseball — alleging that minor leaguers were victims of violations of state and federal minimum wage laws. Senne et. al. suffered a setback this summer when U.S. Magistrate Judge Joseph Spero of the U.S. District Court in San Francisco dismissed class certification. That essentially meant that the players could not file a class-action lawsuit. As a result, the players’ legal team led by Garrett Broshuis amended their case to only include players who play in one league for an entire season. As Norris notes, that means that the included players’ experiences are uniform enough for inclusion in a class-action lawsuit.
So that’s why Minor League Baseball established a political action committee (PAC). A PAC, for the unfamiliar, is an organization created with the intent of raising money to defeat a particular candidate, legislation, or ballot initiative. In other words, they’re getting serious and want Capitol Hill’s help.
Minor League Baseball president Stan Brand said, “Because of procedurally what has happened in the Congress and the difficulties in getting legislation, we’ve got to adjust to that. We were lucky. We had the ability because of the depth of the relationships and involvement in the communities to not have to worry about that. And now we do, I think. The PAC . . . gives us another tool to re-enforce who we are and why we’re important.”
Norris mentions in his column that Phillies minor league outfielder Dylan Cozens received the Joe Baumann Award for leading the minors with 40 home runs. That came with an $8,000 prize. Cozens said that the prize was more than he made all season. The minor league regular season spanned from April 7 to September 5, about six months. Athletes aren’t paid in the other six months which includes offseason training and spring training. They are also not paid for participating in instructional leagues and the Arizona Fall League. Minor leaguers lack union representation, which is why their fight for fair pay has been such an uphill battle.
Jon Heyman of FanRag Sports reports that the White Sox and Nationals are making “strong progress” on a trade involving ace Chris Sale. Most reports coming out on Monday night suggest that a deal isn’t likely to be consummated until Tuesday at the earliest.
Sale, 27, has pitched in the majors over parts of seven seasons. He owns a career 74-50 record with a 3.00 ERA and a 1,244/260 K/BB ratio in 1,110 innings. The lefty will earn $12 million in 2017, then has a club option for 2018 worth $12.5 million with a $1 million buyout as well as a 2019 club option worth $13.5 million with a $1 million buyout. Relative to what he would earn if he were a free agent today, Sale’s remaining salary is a bargain.
The Nationals would likely have to part with several of their top prospects. MLB Pipeline lists pitcher Lucas Giolito, outfielder Victor Robles, and pitcher Reynoldo Lopez in the club’s top-three.
Adding Sale would arguably give the Nationals claim to the best starting rotation in baseball as he would join 2016 NL Cy Young Award winner Max Scherzer and Stephen Strasburg.
There are other teams in the mix for Sale. The Red Sox and Astros have also talked with the White Sox about the lefty’s services.