Dave Watson wins right to new hearing in case over head injuries

Former England captain Dave Watson has secured a victory in the latest stage of his legal fight to have his brain condition recognised as being the result of football-related injuries.

Doctors believe Watson, who won 65 England caps, has probable Alzheimer’s and probable chronic traumatic encephalopathy (CTE), a progressive brain disease linked to repeated head trauma.

Watson has won the right for a First Tier Tribunal (FTT) to rehear his claim to receive industrial injuries benefits in relation to head injuries he suffered in his playing career. If successful, it could open the door for further former players with similar conditions to claim.

On Thursday the Upper Tribunal overturned the initial FTT ruling, which had upheld a Department of Work and Pensions (DWP) decision not to award Watson benefits.

Watson’s wife Penny said: “David gave everything to football, and he has paid a heavy price. We are relieved that the court has recognised that his injuries must be taken seriously and that his case deserves a proper hearing.

“This is not just about David, it is about all the players and families who are living with the consequences of head injuries. We just want fairness and recognition for what they have gone through.”

In the initial hearing, the FTT did accept that 10 documented head injuries could accurately be described as accidents suffered in the course of employment.

However, it concluded the ‘process’ of playing football for many years and sustaining multiple undocumented injuries meant he would have had the same neurological decline without the documented injuries.

The Upper Tribunal, which heard Watson’s appeal on October 1, ruled that the effect of multiple undocumented incidents must be considered by the FTT when assessing whether an injury will result in an award of benefits, and that the reasons given for dismissing Watson’s case were inadequate.

Ryan Bradshaw from Watson’s legal firm Leigh Day said: “This judgment is an important step forward. Professional footballers like David were exposed to repeated head injuries over many years as part of their work.

“The law exists to protect workers in exactly these circumstances, and we will continue to fight to ensure that proper support is given to all workers who are injured during the course of their employment.”

The Watson family have also had support in their claim from the Professional Footballers’ Association (PFA). The players’ union has been approached for comment.

The 2019 FIELD Study found footballers were three and a half times more likely to die of neurodegenerative disease than age-matched members of the general population.