WCAB: N.J. Devils 'Wrongfully Withheld' Medical Records

Tuesday, December 27, 2016 | 3

The New Jersey Devils "wrongfully withheld" medical records in a workers' compensation case filed by a former enforcer for the professional hockey team, a California Workers' Compensation Appeals Board commissioner ruled Nov. 15, according to media reports.

Mike Peluso

Former player Mike Peluso, 50, filed a workers' compensation claim in San Francisco in 2012. He played his last game during the 1997-98 season.

Peluso was one of the toughest enforcers in National Hockey League history, The Sports Network reports. He was involved in 240 fights during his time playing for the New Jersey Devils, St. Louis Blues and Calgary Flames. 

He now suffers from dementia, depression, anxiety, memory loss and a seizure disorder, according to court documents. Court documents list the three teams he played for and their insurance companies as defendants in Peluso's workers' compensation claim.

Workers' Compensation Appeals Board Commissioner Marguerite Sweeney ruled last month that the Devils withheld two medical documents that Peluso's legal team says are crucial to his case.

One is a Dec. 18, 1993, medical report confirming that Peluso suffered a concussion after hitting his head on the ice during a fight. The other is a Feb. 21, 1994, report from a neurologist warning the Devils that Peluso could continue having seizures if exposed to further head trauma.

According to Peluso's lawyer, Shawn Stuckey, the Devils have not explained why they withheld the Feb. 21, 1994, report. The team said the Dec. 18, 1993, report got stuck to another record, causing their lawyer to miss it, Stuckey said.

One hundred and five of Stuckey's fights took place after the Feb. 21, 1994, warning that he should not suffer further head trauma, TSN reports.

NHL players and other professional athletes could file cumulative trauma claims in California regardless of whether their team was based in the state until 2014, when the state changed the rules so that only athletes for California teams could file claims. 

Read TSN's story here.