Warren Rychel denied

[Cropduster]

I suppose this is a Business of Hockey post, even though this board is basically CBA discussion. He was trying to get disability insurance for injuring his hand in a fight on December 17th versus I believe Murray Baron. After that fight(in which he got his hand stuck in Baron's jersey) he could no longer perform his duties as an enforcer. DENIED from the courts

http://sportsillustrated.cnn.com/2005/hockey/nhl/06/30/insurance.court.ap/index.html

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[Crazy_Ike]

This must be an error. According to Don Cherry no one gets hurt in hockey fights.

 

[barnburner]

Apparently, the terms of his insurance policy was that it covered only "unexpected" injuries. Seems like a fair verdict to me.

 

[thinkwild]

This might be a very big decision. I'd like to hear an inside interpretation. I think what this is saying is that an enforcer is not a position in the NHL, or at least one that is insurable. Might have some larger implications.

If an enforcer injured his hand so he couldnt fight, and the team cut him, can he claim injuries forced him out?

 

[Cropduster]

This might be a very big decision. I'd like to hear an inside interpretation. I think what this is saying is that an enforcer is not a position in the NHL, or at least one that is insurable. Might have some larger implications.

If an enforcer injured his hand so he couldnt fight, and the team cut him, can he claim injuries forced him out?

Absoultelty not. As much as we say fighting is part of the game, in a legal since (at least as far as the NHL is concerned), it certainly is not part of the game. Thats why you are awarded a major penalty for doing it. I like fighting as much as those here who support it 100%, but technically its not part of the game. Therefore I think they have no recourse. What would have happened if Lecavalier would have permanetly injured his hand fighting Iginla? He couldnt legally do anything about it nor could Brookbank or Hordichuk.

 

[thinkwild]

You can say its not part of the game, nut all the teams with enforcers, andall the teams fans wanting to trade for one would suggest otherwise. Teams pick up Brookbank for a reason. If he can no longer fight, but can still play hockey, he wouldnt be wanted anymore. To say then his career isnt over from injury because he technically can still play would not seem to be honest.

 

[kdb209]

Absoultelty not. As much as we say fighting is part of the game, in a legal since (at least as far as the NHL is concerned), it certainly is not part of the game. Thats why you are awarded a major penalty for doing it. I like fighting as much as those here who support it 100%, but technically its not part of the game. Therefore I think they have no recourse. What would have happened if Lecavalier would have permanetly injured his hand fighting Iginla? He couldnt legally do anything about it nor could Brookbank or Hordichuk.

Actually in a legal sense it is part of the game. That was the basis for the court's decision - that a fighting injury could not be considered unexpected.

A trial judge had dismissed the suit and the state Court of Appeals refused to reinstate it, ruling Rychel's professional athlete disability insurance covered only unexpected injuries. The court said Rychel himself said fighting was part of his job, so the injury could not be considered unexpected.

You also have to differentiate the kind of insurance under discussion. This was disability insurance, designed to cover him after his contract expired and he could no longer work. His last contract with the Avs was still guaranteed and injured or not he got paid (or bought out). The team could put in an insurance claim if he was unable to play hockey, just like they can for any serious game related injury.

 

[thinkwild]

If Rhychel busted his foot blocking a shot, would that be an unexpected injury? If he could fight but not shoot, would he be disabled or unsignable? Were you getting any buzz from players saying they were anxiously awaiting the results of this decision?