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Old 05-18-2013   #58
CloakNNNdagger
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Default Re: Ed Reed will miss OTA's due to hip surgery.

From the 2011 CBA FYI


Quote:
ARTICLE 44
INJURY GRIEVANCE
Section 1. Definition: An "Injury Grievance" is a claim or complaint that, at the time a
player's NFL Player Contract or Practice Squad Player Contract was terminated by a
Club, the player was physically unable to perform the services required of him by that
contract because of an injury incurred in the performance of his services under that
contract. All time limitations in this Article may be extended by mutual agreement of the
parties.
Section 2. Filing: Any player and/or the NFLP A must present an Injury Grievance in
writing to a Club, with a copy to the Management Council, within twenty-five (25) days
from the date it became known or should have become known to the player that his
contract had been terminated. The grievance will set forth the approximate date of the
alleged injury and its general nature. If a grievance is ftled by a player without the involvement
of the NFLP A, the Management Council will prompdy send copies of the
grievance and the answer to the NFLP A.
Section 3. Answer:
(a) The Club to which an Injury Grievance has been presented will answer in
writing within ten (1 0) days. If the answer contains a denial of the claim, the general
grounds for such denial will be set forth. The answer may raise any special defense, including
but not limited to the following:

(1) That the player did not pass the physical examination administered by the
Club physician at the beginning of the preseason training camp for the year in question.
This defense will not be available if: (i) the Player was injured during offseason workouts
at the club facility under the direction of a club official prior to not passing the physical
examination or (ii) the player participated in any team drills following his physical examination
or in any preseason or regular season game; provided, however, that the Club
physician may require the player to undergo certain exercises or activities, not team drills,
to determine whether the player will pass the physical examination;
(2) That the player failed to make full and complete disclosure of his known
physical or mental condition when questioned during a physical examination by the
Club;

(3) That the player's injury occurred prior to the physical examination and
the player knowingly executed a waiver or release prior to the physical examination or his
commencement of practice for the season in question which specifically pertained to
such prior injury;
(4) That the player's injury arose solely from a non-football-related cause
subsequent to the physical examination;
(5) That subsequent to the physical examination the player suffered no new
football-related injury;
(6) That subsequent to the physical examination the player suffered no football-
related aggravation of a prior injury reducing his physical capacity below the level
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