Ex-England captain in battle over DWP claims for 'industrial' head injuries

A former England captain is locked in a battle with the Government to have his brain condition recognised as an 'industrial' injury linked to heading the ball. Dave Watson, 78, has a neurological condition which is said to be linked to repeated head injuries sustained during his playing career.

He is now living with what is believed to be Alzheimer’s and chronic traumatic encephalopathy, known as CTE. His legal team say his claims are a test case for generations of professional footballers past and present.

The ex-Sunderland star is fighting for recognition of the link to his career which would make him entitled to industrial injury benefits. But he has been forced to take his case to a First-tier Tribunal (FTT) after the Dept of Work and Pensions rejected his initial claim.

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He is being represented by Ryan Bradshaw, human rights solicitor at law firm Leigh Day. He told the Mirror: "At the moment headers are not considered to be industrial injuries.

"The argument is that footballers intended to head the ball so it is no accident as you are doing it deliberately.

"But Dave has shown that there were many major knocks to his head which were accidental. There is no doubt that this case would set a precedent for many players as so many would qualify for these benefits in future."

David's wife Penny added: “David has always been proud of what he achieved in football. But the reality is that the game has left him with a devastating illness.

"What matters now is that his injuries are recognised for what they were, real accidents that caused lasting damage.

"We want to make sure his case is treated fairly, and that other families in the same position see that their experiences are being taken seriously too.”

David spent more than a decade at the top of English football in the 1970s and 80s. He will argue that his condition is the direct result of countless collisions, headers and impacts suffered in training and matches.

A former England captain, the once towering centre half is one of many former players living with dementia and related conditions linked to head trauma. The Professional Footballers’ Association (PFA) is supporting David and others in a similar position.

Dr Adam White, Director of Brain Health at the PFA, paid tribute to the 'remarkable strength' of David and Penny in pursuing the case.

He added: "Their experience underlines why it is so important there is formal recognition of the long-term consequences of head injuries.

"The PFA will continue to stand alongside them, and work to ensure that all former members and their families receive the care and support they deserve.”

The DWP has recognised that David suffered 10 documented head injuries which were accidents in the course of his employment. The FTT also accepted Penny’s evidence that these were only a fraction of the injuries David sustained across his long career.

Despite this, the FTT dismissed David’s appeal to overturn the DWP's previous decision not to award industrial injuries benefits. It said that it could not be satisfied that the 10 incidents 'directly contributed to David's loss of faculty'.

Instead, it concluded the “process” of playing football routinely for many years, and the numerous undocumented injuries David would have therefore sustained, meant that he would have had the same neurological decline had none of the highlighted accidents occurred.

Mr Bradshaw added: "The law makes clear that repeated accidents can amount to an industrial injury, David was disabled by the job he loved and ought to benefit from all available assistance.

"We hope the Upper Tribunal will find in our favour so David’s case can be properly reconsidered.” The next hearing is due to take place on Oct 1.

Dave was a star of Sunderland's famous 1973 FA Cup victory over Leeds. He also played for Werder Bremen and Stoke, winning 65 caps for England, captaining his country three times.

The DWP has been approached for a comment.