PROFESSIONAL Footballers Association chief executive Brendan Schwab believes the acrimonious split between the Newcastle Jets and Jason Culina may never have occurred had the former Socceroo been insured.
It emerged yesterday that PFA, representing Culina, had launched legal action against Football Federation Australia, which Schwab said had failed to ensure that Culina’s former club, Gold Coast, had taken out an insurance policy when they signed him as marquee player in 2009.
Clause 3.2 in the PFA-FFA collective-bargaining agreement, states that: ‘‘FFA must establish and maintain such insurance as is necessary to cover the remuneration and entitlements of a league player ... for the period of any injury, illness or ailment sustained arising out of or in the course of his employment with a league club.
‘‘Such cover must continue for a period of not less than 104weeks from the date of the injury, illness or ailment and notwithstanding the expiry or termination of the player’s standard player contract for any reason.’’
Culina suffered a serious knee injury representing the Socceroos in January, while he was contracted to the Gold Coast.
After surgery, he signed a three-year deal with Newcastle but broke down again in the pre-season.
In October, the Jets announced they had sacked coach Branko Culina and would endeavour to have Jason’s $2.65million contract ‘‘set aside’’ amid fears he would never play again.
Schwab said had appropriate insurance been in place, the ill-feeling between the Culinas and Newcastle may never have eventuated because Jason’s contract would have been covered for 104weeks by Gold Coast’s insurers.
‘‘FFA didn’t insure Jason,’’ Schwab said. ‘‘They asked Gold Coast to do it and apparently that was not enforced.
‘‘As a result, when Jason came across to Newcastle he was uninsured and unable to be insured, because at the time he was injured.
‘‘Had he been insured, then Nathan Tinkler’s club would have been protected, Jason would have been protected and a replacement player could well have been signed, and we move on.’’
Jets officials were unavailable for comment yesterday, but it is understood Jason Culina had signed with the club before they became aware they could not insure a player with a pre-existing condition.
Initially it appeared the Jets and Jason Culina were headed for a bitter legal showdown.
But tempers have since cooled on both sides.
Jason still appears unlikely to play for the club, even if he recovers from extensive surgery. He has put his Merewether house on the market.
But Schwab said Jason’s recent dealings with the Jets had been amicable.
‘‘At this stage he’s not pursuing the Jets [legally],’’ Schwab said.
‘‘As I said publicly, there were clearly issues between Jason and the Jets in October, and the Jets had stated they were trying to have Jason’s contract set aside.
‘‘Since then, they have honoured Jason’s contract, financially and also in terms of his medical rehabilitation, which were the two crucial issues.
‘‘But it’s very important to focus on the big picture.
‘‘The big picture here is that there should be an insurance policy in place that is mandated by the CBA, which protects players and clubs in the event of injury.’’
It would appear PFA have advised Culina his chances of winning a landmark case against FFA would be stronger than taking on the Jets.
Schwab dismissed media reports yesterday that Culina was seeking $1.7million from FFA.
‘‘The claim is not for an express sum of money,’’ he said. ‘‘It is simply to insure/cover a player who is presently uninsured and who cannot be insured because of his existing injury.’’
Asked to respond, FFA officials said last night: ‘‘It’s a legal matter so we can’t comment at this stage.’’
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