Micah Bowie, Player Benefits, and Another Front in Labor’s Fight
The deepening cold war between Major League Baseball and the MLB Players Association has touched on topics ranging from shoes to minor league pay to free agency. What it hasn’t garnered as much attention are player benefits, such as pensions and healthcare.
There’s a popular misconception that any professional baseball player who spends even one day on a major league roster will receive free health care for life. In reality, that’s not true. Instead, what one day of service gives you is the right to buy into a healthcare plan, which isn’t really the same as free, comprehensive coverage. A player’s eligibility for health and pension benefits is tiered, and depends on how much time the player spent on a major league roster, how much service time he accrued, and can even be a matter of which years he played, as different benefits are available to different eras of players. Different plans carry different co-pays and have varying coverage maximums.
In other words, this isn’t that dissimilar from any other employer-based health insurance system. But playing baseball isn’t like other employment, and that can lead to trouble for former players.
The Major League Baseball Players Association has, throughout its history, done a poor job securing benefits and pensions for its members and their families during collective bargaining negotiations.
Patty Hilton is a real baseball widow–her late husband, Dave, died in September 2017. An infielder for the San Diego Padres, he also served as first base coach for the Milwaukee Brewers.
At a time when a vested retiree can earn up to $220,000, and when the average Major League Baseball (MLB) salary is $4.52 million, Patty Hilton doesn’t receive a plug nickel from MLB.
Because of the archaic rules the Major League Baseball Players Association (MLBPA) — the union representing current players — agreed to, when Hilton coached, only four baseball coaches on an MLB team were permitted to accrue service credit.
Hilton was also one of the 641 retirees who didn’t receive an MLB pension as a player because of vesting requirement changes that occurred in 1980. At the time, the threshold was four years to be vested, but the union was offered the opportunity to give its members the following deal: one game day of service credit to buy into the league’s umbrella health insurance plan, and 43 game days of service for a pension.
The MLBPA just forgot to request retroactive coverage for all the men like Hilton.
In fact, in years past, the league and union have sought to have the federal government subsidize player benefits, with repeated attempts to pass the “Create Jobs & Save Benefits Act.” That bill, which would have required taxpayers to assume the Plan’s liabilities, failed each time. More recently, plan benefits have been better. But even in the last CBA, while some coverages increased, others were actually reduced.
For high-end and mid-tier players who bank millions of dollars during their careers, that’s not really a problem. For bubble players – the up-and-down guys like backup catchers and swingmen and utility infielders – and their families, the difference can have dire consequences.
Take Micah Bowie. The southpaw tossed 156 big league innings between 1999 and 2008, often missing bats at an elite level in the upper minors but never quite replicating that form in The Show. And even though he saw the big leagues in parts of six seasons, he accrued in total less than four years of big league service time. That didn’t stop him from getting hurt. Back in 2010, after he retired, Bowie opened up to Richard Oliver about his career and his new Bowie Baseball Academy.
“I’ve gone through most every injury that you can go through as a pitcher,” said Bowie, 35. “I know how to find out how to fix it, and how to come back and pitch on the major-league level. I want to take those things that guarantee you take the hurt away.”
Pitching is an unnatural activity. Eno Sarris said it best back is 2012: “Every pitch is bad for you.” How bad? This bad. And research suggests that Eno was right: the more you pitch, the more likely you are to get injured. Of course, not all injuries are created equal. When we think of pitchers, we often think of arm and shoulder ailments, but hurlers suffer from a myriad of other injuries. And as it turned out, Bowie’s journey through injuries and pain was just beginning. During his career, Bowie suffered a back injury that eventually began causing him chronic pain, as he told Forbes’ Ryan Davis.
“I actually started to have back issues very early, probably back in ’94 or ’95 with the Braves,” said Bowie. “You get muscle relaxers, you get treatment. I really worked on my core. Over the years, there was a ton of weight-lifting involved to keep up. The back thing just got worse and worse throughout.”
Eventually, Bowie was faced with a choice: spinal fusion, or the implantation of a spinal-cord stimulator. He chose the latter, and that’s when things took an almost deadly turn. From the Washington Post’s Dave Sheinin:
Not long after [the surgery], he says, the small generator implanted in his abdomen to power the stimulator detached and migrated, wreaking havoc on Bowie’s insides. His diaphragm, the sheet of muscle that contracts to draw air into the lungs, was punctured, causing a cascade of maladies.
“It left a scar through my right lung,” he says, “and my intestines went through my left lung.”
He had one surgery to remove the scar tissue from his left lung, another to repair the right lung and another to reattach his diaphragm. But even then, he needed three liters of oxygen per minute to aid his breathing.
Bowie is now largely unable to walk, let alone work.
The resulting damage within Bowie’s body was catastrophic. He now has use of just eight percent of his lungs, which requires him to be on oxygen. He’s unable to go up and down stairs in his home, much less exercise, and treatment has turned into a full-time job of its own. That has been extremely hard on his family, both mentally and financially. Bowie estimates that his medical treatment now costs them around $25,000-30,000 per year.
Bowie was 20 days shy of accumulating four years of service time on a major league roster. The problem is that to apply for disability or full health benefits under the plan for major league players, Bowie needed four full years of major league service time. And so, in 2017, Bowie’s application for disability benefits was denied. Then his appeal was denied again a year later. The disability benefits would have paid Bowie, at most, $6,000 per month.
“I was told they didn’t even look at it. The lawyer said they could deny it, and so they denied it,” said Bowie. “They didn’t even look at it. That’s one of the reasons I’ve spoken up. That’s my life they were holding in their hands, about 2,000 pages of stuff I sent them. And they told me to stop sending them stuff, that if they needed anything they’d tell me. That was my life, and my future right there.”
A spokesman for the union declined my request for comment on Bowie’s situation, citing privacy considerations. Bowie has stayed involved in baseball, most recently as part of a tribute to the 2002 Athletics’ pitching staff.
Now, if the rules say Bowie doesn’t qualify, then he doesn’t. The problem is less that the MLBPA mishandled Bowie’s situation, and more that the union negotiated and agreed to a collective bargaining agreement that allows for this kind of situation to occur. (It also underscores a potentially serious consequence of service time manipulation – there isn’t evidence that that fate is what befell Bowie, but his case also shows how every day can count.) The MLBPA has consistently negotiated benefits and pension plans that leave large groups of players out of benefit eligibility. The latest example of this, I’d argue, is excluding from eligibility players who were injured or disabled as a result of their baseball careers, but who didn’t spend enough time in the major leagues to have those injuries and disabilities covered.
The Plan itself is solvent enough to make this modest expansion. According to some reports, MLB’s Benefit Plan has $2.7 billion available for distribution to eligible recipients.
During the period April, 2015 through March, 2016, the Plan was funded by $211 million in contributions. During the same period, the Plan had income of $195 million. Net appreciation in the fair value of investments was $145 million. Benefit payments to members, their dependents and beneficiaries totaled $246 million.
It’s also not as though team contributions to the benefit plan are lackluster. In the 2007 CBA, teams’ collective contributions to player benefit plans averaged $154 million annually; in the 2016 CBA, that number increased to $200 million per year.
There appears to be enough money to pay to players in Bowie’s situation. Bowie, for instance, is asking for 0.0003% of the Plan’s annual contributions to be paid as his annual disability. Pushing for increased benefit eligibility for those injured or disabled in the course of their careers wouldn’t tax the Benefits Plan past its means, and it wouldn’t require a significant additional outlay by teams. But it would be a way for the union to make sure that its past members receive the care they need after a career spent punishing their bodies. And at the end of the day, protecting their most vulnerable members is supposed to be one reason why unions exist.
Sheryl Ring is a litigation attorney and General Counsel at Open Communities, a non-profit legal aid agency in the Chicago suburbs. You can reach her on twitter at @Ring_Sheryl. The opinions expressed here are solely the author's. This post is intended for informational purposes only and is not intended as legal advice.
Great article, Sheryl! I’d also love to hear a primer on how insurance works for players, both in terms of paying for their MRI/surgery (is this included in their salary as a workers comp benefit, do they pay towards it with premiums and deductibles), as well as disability insurance like Ellsbury and Fielder have. So little info available on these. Keep up the great work!
Dmitry to your point. Two comments I wish Sheryl would follow up- what specifically is the health insurance players qualify for after one day? I assume there is a cost share (all healthcare plans except medicaid contain cost sharing) but what is that arrangement? Secondly, what standard made Sheryl state “The Major League Baseball Players Association has, throughout its history, done a poor job securing benefits and pensions for its members and their families during collective bargaining”? It seems MLBPA has done a good job versus other sports (see below). Sheryl points to healthcare qualification gaps, I hope the gaps are closed, other writers point to MiLB pay I hope the MLBPA prioritizes compensation for non-union members (as I write that I see the problem…). Unfortunately, I suspect the union isn’t aligned on their prioritizes and the interests of large market owners and small market owners aren’t aligned either.
https://www.businessinsider.com/nfl-nhl-nba-mlb-retirement-pension-plans-lockout-2011-1
It also underscores a potentially serious consequence of service time manipulation – there isn’t evidence that that fate is what befell Bowie, but his case also shows how every day can count.
Yikes… Seriously?
I get that you are a lawyer but that ‘there is no evidence… but’ insinuation is bs.
Just look at Bowie’s game logs.
It is patently obvious that there was no service time manipulation.
That’s just lawyer-speak for “I see no reason to think”. It’s not insinuation.
Yeah, but a 5 second search tells me ‘I see a very compelling reason to think not’.
Either she didn’t do the research or she did, but decided to conveniently ignore it.
You are missing the point spectacularly. What the article implies is that, although it had no impact on Bowie’s case, service time manipulation could result in life-changing impacts for a player whose start date was held back–it’s not just a question of when they reach free agency.
Right. I hope it never happens, but what if Vlad Jr. has a career ending/life changing injury on the field in early 2022, when he doesn’t have 4 years of service time yet, but would have if the Jays had promoted him in 2018 when he was clearly too good for AAA? Then service time manipulation would cost a player significantly in terms of health care.
Well for Vlad Jr, at least, Vladdy Daddy can pay some bills should the need arise. But yeah, not all top prospects have that pedigree.
I do get the point, which is why I have no problem with the mention of service time manipulation itself.
if it was something like”While Bowie himself was not a victim of service time manipulation affecting insurance, others could be”, I’d be perfectly happy, but the way the sentence is worded is unnecessarily misleading.
No, it’s not. She wrote, “There isn’t evidence,” and you agree that there is no evidence. But neither you nor Sheryl can say with certainty that there was absolutely no service-time manipulation, and since Sheryl is being cautious as a journalist not to say with certainty things she cannot know to be true, she stated what could be supported factually.
Also, I’m pretty sure people read “no evidence” as “didn’t happen” anyway.
I see nothing problematic about this language. There’s no evidence to support the assumption that anyone intended to manipulate the playing time of Bowie. That’s not insinuating anything, it’s avoiding speculation as to the intention of people you don’t know and haven’t spoken to.
Did you speak, on or off the record, with everyone involved in the play time decisions relating to Bowie? No? Then how can you speak to what actually happened vs. what seems reasonable to assume happened?
Mountain >> Mole Hill.
There is no “deepening cold war” between MLB and MLBPA.
If you need a military analogy, the MLBPA is a circular firing squad.
We have not had labour peace since 1994 because both sides see that making concessions beats a stoppage. We’ve had labour peace because the union has shortsightedly sabotaged itself. As an example, the union has allowed its members’ first six years of MLB service to be paid at artificially depressed rates. All that’s done is made a shot with a $500K fringy rookie more attractive to management than a $7-10MM 1-WAR veteran who “paid his dues”.
If the union can’t figure out something that simple, how the hell can they figure out healthcare?
“Union has allowed”. Oh, shut up. Who do you think holds the power in this instance? Would you have rather the players had gone on strike for longer to get more of what they wanted?
“All that’s done is made a shot with a $500K fringy rookie more attractive to management than a $7-10MM 1-WAR veteran who “paid his dues”.”
Could just be a bit of semantics, but when I think “fringe-y rookie”, I think, of the sort of player likely to be around replacement level. If we’d say that each has an SD of ~0.5 wins, then I get:
63% that the vet will be worth at least one extra win over the “fringe-y rookie”
36% that they will be within a win of each other
1% that the rookie will be worth at least one extra win
Is that worth an extra $6.5-9.5M? I guess that depends on the team, but I bet a bunch of teams choose the upgrade and the closer that $7-10M gets to $500k, the more teams probably get interested.
IE, Nick Markakis and Jordy Mercer and Matt Adams were ~1 win FAs who didn’t get $7-10M, but got $4-6M, so perhaps the “discount” these sorts have to accept to get a job over those “fringe-y rookies” is something like 40-85% of their perceived value?
“…protecting their most vulnerable members is supposed to be one reason why unions exist.”
Unions exist to enrich the administrators.
No. That’s just a forseeable side effect. EVERY organization exists, to some degree, to enrich it’s administrators. Regardless of ideology.
Unions exist to increase the bargaining power of their individual members relative to extant power of ownership.
I wonder what the situation is like in international soccer, where a mostly free market prevails instead of dueling monopolies
I think you’ll find that most unions throw their retirees and younger members under the bus during contract negotiations. Many union administrators are usually ex-employees and not exactly professional negotiators.
What stops the union and current players from setting up a fund themselves, through an increase in union dues, to help their own members in a situation like Micah Bowie? Nothing, except the will to do it. You would think current players would gladly try this so they would also have a safety net in case a similar situation happens to them instead of expecting someone else to take care of it.
Excellent piece. Thank you.
Great article , more of same please. Thanks.