Columnist Ralph Siraco: Jockeys fighting for better health care coverage

Ralph Siraco

Monday, Nov. 15, 2004 | 10:54 a.m.

Ralph Siraco's horse racing column appears Monday and his Southern California selections run Tuesday-Sunday.

One of the issues in the recent presidential campaign was the rising costs of health insurance. If newly re-elected President Bush wants to get some input on the issue, he need look no further than down the road to former U.S. Ambassador William Farish of Lane's End Farm.

A week has passed since a group of jockeys took on the establishment for better health care coverage. Primarily, accident coverage on the racetrack.

On Sunday, Nov.7, retired jockey Shane Sellers called a meeting in the Churchill Downs jockeys quarters. The topic was what he and many other active jockeys believed to be inadequate accident insurance coverage that the industry currently provides riders. The issue came to light again after two recent spills -- one at Mountaineer Park and the other at Churchill Downs -- that left the fallen riders with hospital bills exceeding the $100,000 medical coverage that now exists at most racetracks. Only five states -- which include New York and California -- cover jockeys under the state's workmen's compensation statute. All other jurisdictions, and they that include Churchill Downs, Mountaineer Park and Hoosier Park, have the $100,000 policies.

A total of 14 riders decided not to accept riding assignments for the Wednesday, Nov. 10, racing program after the meeting called by Sellers. That protest prompted track officials to ban the riders from the track for the remainder of the Churchill Downs fall meeting which concludes Nov. 27.

After the jockeys refused to ride until the track addressed their concerns, Churchill Downs president Steve Sexton asked the boycotting jockeys to leave the premises. They included some of the meet's top riders: Rafael Bajarano -- who has packed up and moved to New York -- Willie Martinez, Mark Guidry and Robby Albarado.

On Wednesday, the riders returned to Churchill Downs to pick up their gear and were met without confrontation from authorities who suggested they leave after getting their stuff. After cooling off, some of the banned riders asked to be reinstated and were refused.

The boycott spread to another Churchill Down, Inc.-owned track on Friday night. Hoosier Park, in Anderson, Ind., was left without enough jockeys to fulfill riding assignments for that night's 12-race program. Again, a group of jockeys protested what they believe to be inadequate accident insurance. The wildcat refusal came while the horses were in the paddock for the first race of the night.

Racing resumed at Churchill Downs without interruption on Wednesday while Hoosier Park reopened for business on Saturday. Each track with enough replacement jockeys to fill the saddles.

The insurance issue for jockeys is not something new. It was addressed by the Jockeys Guild several years ago. The Guild represents a good portion of the jockeys who ride throughout the United States, but not all. That leadership group traded the rights of the jockeys' images (for television coverage) in exchange for accident insurance coverage by the country's participating racetracks. The Guild, which is paid $2 million a year for the insurance by the tracks, subsequently canceled that policy for one that provides improved family benefits not covered by the original accident policy. The Guild is now in the hot seat.

In an effort to break the impasse, Churchill Downs found insurance coverage for the jockeys under which they could purchase a policy that covers them to $500,000 for about $225 a month.

Jockey Jerry Bailey, like most top jockeys, has personally taken an additional policy that covers him in case of an accident on the track up to $2 million. That policy cost him $10,000 annually. Only the top riders in the country can afford to pay that much for adequate accident insurance, however.

No one on either side disputes that jockeys need adequate coverage in a job as risky as theirs. Staging an ill-conceived boycott to belabor the point is making both sides look bad. Churchill Downs' all-time leading jockey Pat Day, who did not boycott, said that the way the riders went about stating their case was wrong and that the reactions were as well. He believes no one wins in that situation.

Although Churchill Downs was buoyed by a big pick six carryover on Wednesday, the card, minus the banned riders, handled $6.3 million compared to the previous Wednesday, when all the riders were on hand, which handled $5.5 million. It seems as though the racing fans are at least neutral on the issue.

When the workmen's compensation rates reached back-breaking levels in California, the state's horsemen looked to the players for relief. Horse players now pay a higher percentage of takeout to compensate the riders there. Again, the higher cost passed on to the consumer.

But, jockeys have maintained their position as independent contractors for years. So much so, that when Churchill Downs tried to stop them from advertising on their racing pants during Derby week -- citing conflicting advertisers with the track's sponsors -- the jockeys successfully took the track to court and won. Now that insurance costs have gone up, they want the racetracks to underwrite the policies, which begs the: Are they considered employees of the racetracks or not?

No one wants to see jockeys without catastrophic insurance coverage, but they are misled in their actions to address the issue.

Sellers, who has been the catalyst of the controversial boycott plan, is feeling the heat, too. After retiring on Oct. 2, because of the insurance issue, he said he was "sickened" by the reactions. He said that developments of the action have ruined his name and everything about him, this after being hand-cuffed and escorted off the Churchill Downs track. He planned to leave town Friday to get away from what he called, "all this negative stuff."

This while the Jockeys Guild and at least a dozen riders are searching for answers. Answers to questions that may lead to anything but independence.