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06-28-2013, 07:44 PM
  #904
Tawnos
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Join Date: Sep 2004
Location: Charlotte, NC
Country: United States
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Quote:
Originally Posted by Ola View Post
Lol internet sometimes.

What does the LTIR exception have to do with this?

And even if it was relevant -- which it of course is not -- WHAT DOES THE QUOTED PART SAY? Yes if the league wish to challenge a doctors ruling that a player is UNFIT they can do so.

You think the league can challenge a player that claims to be healthy? For Christ sake it's so stupid I don't know where to start.
Actually, the league can challenge a doctor's ruling on fitness to play, period. Not just unfit. That was for the LTIR nonsense. However, paragraph 5 of the SPC covers the rules regarding a player under contract and both his and the team's rights in regards to player injuries. As you will see from the relevant pieces of the SPC below, the player is required to submit himself to a club physician, who will make a determination on whether the players can perform under contract. If the player disputes, he hires a physician that must make a determination on whether the player can perform under contract. If the club and player physicians disagree, and independent physician is brought in, and his findings are final.

Quote:
5. (a) Should the Player be disabled or unable to perform his duties under this SPC he shall submit himself for medical examination and treatment by a physician selected by the Club
Quote:
(d) It is also agreed that if the Player, in the sole judgment of the Club's physician, is disabled and unable to perform his duties as a hockey Player by reason of an injury sustained during the course of his employment as a hockey Player, including travel with his team or on business requested by the Club, he shall be entitled to receive his remaining Paragraph 1 Salary and Signing Bonuses due in accordance with the terms of this SPC
Quote:
(e) In the event that the Player wishes to seek a second opinion in respect of the Club Physician's determination regarding the Player's fitness or unfitness to play, the Player shall provide electronic notice to the Club (unless the Player provides notice by any other means to the General Manager, Assistant General Manager or the Head Athletic Trainer) that he is seeking a second opinion pursuant to Paragraph 5 of the SPC
Quote:
(f) The physician consulted by the Player ("Player's Physician") in accordance with Paragraph 5(e) must make a determination as to whether the Player is disabled and unable to perform his duties as a hockey Player and shall evidence such determination by fully completing the form attached to the CBA as Exhibit 25-A, which shall be provided to the Player at the time of the examination, with an electronic copy sent forthwith to the Club and the Recipients
Quote:
(g) (i) If, after consulting as provided for in Paragraph 5(f), the Club Physician and the Player's Physician agree that the Player is either disabled and unable to perform, or not disabled and able to perform, his duties as a hockey Player, their agreed-upon determination shall be evidenced by fully... Such determination shall be conclusive, final and binding upon the Club and the Player...
Quote:
(iv) If the Club Physician and the Player's Physician cannot agree on whether
the Player is disabled and unable to perform his duties as a hockey Player pursuant to Paragraph 5(g)(ii) above, they shall confer and agree on an independent physician to examine the Player... If the Player's Physician and the Club Physician are unable to select the independent physician within such period, the independent physician shall be selected jointly by a medical designee appointed by the NHL and a medical designee appointed by the NHLPA.
Quote:
(i) The independent physician's determination as to whether the Player is disabled and unable to perform his duties as a hockey Player shall be conclusive, final and binding upon the Club and the Player, absent a showing of improper interference with the procedures set forth in CBA Section 17.7 and Paragraph 5 of the SPC.

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