pokerandpucks wrote:El Jefe wrote:pokerandpucks wrote:The league knows they games the system, hence the recapture penalty. If Zetterberg says his back hurts too much and a doctor signs off, I don't see how they can fight it.
Granted, by then the league or PA might opt out of the CBA so it might be a moot point.
Sent from my toilet
They fight it like this (per the CBA):(f) The Commissioner may take whatever steps he deems necessary to investigate the
circumstances under which a Player is: (i) placed, or remains, on the Injured Reserve List, or (ii)
designated Injured Non-Roster. If the Commissioner has reason to believe that the Injured
Reserve List or Injured Non-Roster status has not been utilized properly by the involved Club or
otherwise Circumvents any provision of this Agreement, or if he determines that the Club has
used the Injured Reserve and/or Injured Non-Roster designations to evade the Active Roster
limit, he may take such disciplinary action against the Club as he deems appropriate.
Zetterberg: My back hurts too much to play.
Doctors: This is hte diagnosis, he shouldn't play.
Bettman: I don't believe medical experts.
Is that how you think it would work?
Yeah, pretty much, particularly since Zetterberg's statements about his contract are out there now. The Commissioner is given a lot of latitude on that deal, too, per the above. I just don't think the NHL will look the other way at this point. If Zetterberg had been quiet about his view of the contract length vis-a-vis his retirement expectations, the LTIR might have had a chance, but not now. Further:
(d) Bona-Fide Long-Term Injury/Illness Exception to the Upper Limit. In the
event that a Player on a Club becomes unfit to play (i.e., is injured, ill or disabled and unable to
perform his duties as a hockey Player) such that the Club's physician believes, in his or her
opinion, that the Player, owing to either an injury or an illness, will be unfit to play for at least (i)
twenty-four (24) calendar days and (ii) ten (10) NHL Regular Season games, and such Club
desires to replace such Player, the Club may add an additional Player or Players to its Active
Roster, and the replacement Player Salary and Bonuses of such additional Player(s) may increase
the Club's Averaged Club Salary to an amount up to and exceeding the Upper Limit, solely as,
and to the extent and for the duration, set forth below. If, however, the League wishes to
challenge the determination of a Club physician that a Player is unfit to play for purposes of the
Bona-Fide Long-Term Injury/Illness Exception, the League and the NHLPA shall promptly
confer and jointly select a neutral physician, who shall review the Club physician's determination
regarding the Player's fitness to play.
By the way, the NHL is looking into Hossa's LTIR qualification.