Nono these two posts are exactly what I’ve been trying to say for awhile. You just say it 10x better than me.![]()
I doubt it’s anything to do with Pop but wouldn’tbe surprised if it’s Timmy and David Robinson playing a role. Tim was involved with the team a lot last season in practices and he wouldn’t take any bull .
Nono these two posts are exactly what I’ve been trying to say for awhile. You just say it 10x better than me.![]()
That is not correct at all, and shows a lack of understanding of how the law operates. No person can lose rights from the mere fact of signing a contract for employment. Nor can any person lose rights because some kind of understanding has been reached between two en ies like an owners' association and a players' union.
It's a little more complicated. For that CBA understanding to have any effect, it has to be implemented through individual player consent, like I mentioned earlier. Apparently the player contract signings include the signing of consent forms, that allow the release of certain information to the specified parties for reasonable purposes.
Just having that language in the CBA accomplishes nothing, legally, except it would serve as a guide for creating the consent forms.
Any employer can require an employee, or prospective employee, to submit to a reasonable physical exam as a condition of employment. There is generally the requirement that the employer has to pay for it.He also must submit to team doctors for periodic fitness assessments. ...
But no, the player does not have to submit to the exam. His refusal, however, would probably mean he would no longer be employed.
Not exactly. The doctors are allowed to release certain information, to certain parties, as stated on the consent form.Those doctors report directly to the team and league.
Nothing in the NBA CBA alters, or can alter, the fundamental doctor-patient relationship.
Never an issue with Kawhi. A disorder in a tendon or muscle does not per se raise a question of fitness the way something like a heart condition would. LaMarcus Aldridge might be a player subject to fitness assessment, since he has a known heart condition, Wolff-Parkinson-White syndrome.In cases where the team and player disagree about his fitness to play, ...
That "fitness-to-play" part of the CBA is about fundamental health. Notice that it specifically mentions "elevated risk of death" and also specifically mentions heart conditions and blood clots. "Cardiovascular abnormalities."
Try me. You assertion is incorrect as a matter of law. Individuals waive rights under contracts all the time, not just for employment. Including that waiver you signed to force arbitration over a jury trial in your cellphone contract. Nobody forced you to sign that contract, you entered into that agreement in mutual consent.
Don't take my word for it, let's call the lawyers. spurraider21, vy65, FromWayDowntown...
He does if under contract, which is the whole point. If he refuses, it would be a breach of contract, which terminates his employment with the league. The team keeps the rights to the player, so if he wants to ever play in the league again, he has to be waived or traded by the team holding the rights.
That is why the CBA has carved out a process where this determination can be made in a non-confrontational manner.
Except it does if the player waived that right to confidentiality, which you're admitting that they do as part of signing a contract with the league. Nice backpedal.
The Fitness to Play provision of the CBA encompasses any claim where there are disagreements between the parties, period. Notice it also mentions "Other areas as issues arise".
But let's make this even more clear, so you're not confused anymore:
- This is a copy of the Uniform Player Contract: http://blog.techprognosis.com/wp-con...ns ution.pdf
- As referenced in the CBA: http://3c90sm37lsaecdwtr32v9qof-wpen...-Agreement.pdf
Section 7: Physical Condition.
(a) The Player agrees to report at the time and place fixed by the Team in good physical condition and to keep himself throughout each NBA Season in good physical condition.
(b) If the Player, in the judgment of the Team’s physician, is not in good physical condition at the date of his first scheduled game for the Team, or if, at the beginning of or during any Season, he fails to remain in good physical condition (unless such condition results directly from an injury sustained by the Player as a direct result of participating in any basketball practice or game played for the Team during such Season), so as to render the Player, in the judgment of the Team’s physician, unfit to play skilled basketball, the Team shall have the right to suspend such Player until such time as, in the judgment of the Team’s physician, the Player is in sufficiently good physical condition to play skilled basketball. In the event of such suspension, the Base Compensation payable to the Player for any Season during such suspension shall be reduced in the same proportion as the length of the period during which, in the judgment of the Team’s physician, the Player is unfit to play skilled basketball, bears to the length of such Season. Nothing in this subparagraph shall authorize the Team to suspend the Player solely because the Player is injured or ill.
(c) If, during the term of this Contract, the Player is injured as a direct result of participating in any basketball practice or game played for the Team, the Team will pay the Player’s reasonable hospitalization and medical expenses (including doctor’s bills), provided that the hospital and doctor are selected by the Team, and provided further that the Team shall be obligated to pay only those expenses incurred as a direct result of medical treatment caused solely by and relating directly to the injury sustained by the Player. Subject to the provisions set forth in Exhibit 3, if in the judgment of the Team’s physician, the Player’s injuries resulted directly from playing for the Team and render him unfit to play skilled basketball, then, so long as such unfitness continues, but in no event after the Player has received his full Base Compensation for the Season in which the injury was sustained, the Team shall pay to the Player the Base Compensation prescribed in Exhibit 1 to this Contract for such Season. The Team’s obligations hereunder shall be reduced by (i) any workers’ compensation benefits, which, to the extent permitted by law, the Player hereby assigns to the Team, and (ii) any insurance provided for by the Team whether paid or payable to the Player.
(d) The Player agrees to provide to the Team’s coach, trainer, or physician prompt notice of any injury, illness, or medical condition suffered by him that is likely to affect adversely the Player’s ability to render the services required under this Contract, including the time, place, cause, and nature of such injury, illness, or condition.
(e) Should the Player suffer an injury, illness, or medical condition, he will submit himself to a medical examination, appropriate medical treatment by a physician designated by the Team, and such rehabilitation activities as such physician may specify. Such examination when made at the request of the Team shall be at its expense, unless made necessary by some act or conduct of the Player contrary to the terms of this Contract.
(f) The Player agrees (i) to submit to a physical examination at the commencement and conclusion of each Contract year hereunder, and at such other times as reasonably determined by the Team to be medically necessary, and (ii) at the commencement of this Contract, and upon the request of the Team, to provide a complete prior medical history.
(g) The Player agrees to supply complete and truthful information in connection with any medical examinations or requests for medical information authorized by this Contract.
(h) A Player who consults a physician other than a physician designated by the Team shall give notice of such consultation to the Team and shall authorize and direct such other physician to provide the Team with all information it may request concerning any condition that in the judgment of the Team’s physician may affect the Player’s ability to play skilled basketball.
(i) If and to the extent necessary to enable or facilitate the disclosure of medical information as provided for by this Contract or Article XXII of the CBA, the Player shall execute such individual authorization(s) as may be requested by the Team or as may be required by health care providers who examine or treat the Player.
Is that clear enough? Do you understand now the role of the Team and Team doctors in regards to the player's fitness and injury management?
You were wrong. It's ok, it happens...
Nono facing up...one fake then high off the glass
My assertion is absolutely correct under the law, spunky.
Medical information is special, you fool. It concerns the doctor-patient relationship, which is special, the same way that lawyer-client privilege is special.Individuals waive rights under contracts all the time, ...
Does your cellphone company require you to submit to a physical before they will provide you with cellphone service? Some things are ordinary, and some are special.
You didn't understand anything I wrote earlier, did you? Or do you just not read well? Look at what I wrote: "His refusal, however, would probably mean he would no longer be employed."If he refuses, it would be a breach of contract, which terminates his employment with the league. ...
It has the same meaning as what you wrote. You're arguing with what I wrote by saying the same thing in different words. That's kind of odd, guy.
That was not a backpedal, spunky. It's exactly the same thing I wrote earlier. You just don't know enough to understand all this.Except it does if the player waived that right to confidentiality, which you're admitting that they do as part of signing a contract with the league. Nice backpedal.
You are totally mistaken, period. It applies only to what it states. Period. You do not understand what "Fitness" means there.The Fitness to Play provision of the CBA encompasses any claim where there are disagreements between the parties, period. ...
Notice the context, spunky.Notice it also mentions "Other areas as issues arise".
22.11 Fitness-to-Play.
The parties shall establish panels of physicians (each a “Fitness-to-Play Panel”) for the purpose of determining, as set forth in this Section 11, whether players with potentially life-threatening injuries, illnesses or other health conditions are medically able and medically fit to practice and play basketball in the NBA.
-^-^-^-^-^-
That is talking about life-threatening conditions, spunky. It's there because the NBA doesn't want players dropping dead.
I don't recall any cases in the NBA, but there have been cases in football, both college and pro, where players have died during practice because of a medical condition. The most famous case I recall was the death of a St Louis Cardinals football player, years ago, who dropped dead during spring practice because of a medical condition. The player was J. V. Cain, from Houston.
C'mon now, if you're going to post something, at least take the trouble to actually read it, yourself. That isn't about a player limping, or feeling pain, or if he can run and jump, it's about him maybe dying. They want the best medical input they can get to be sure that doesn't happen, of course.
You're going to remain confused no matter what you read, or are told, because you don't know enough, and you're pig headed.But let's make this even more clear, so you're not confused anymore:
Just a couple quick things. Try to pay attention.
See that word "authorize," dumbass? Consent form.(h) A Player who consults a physician other than a physician designated by the Team shall give notice of such consultation to the Team and shall authorize and direct such other physician to provide the Team with all information it may request concerning any condition that in the judgment of the Team’s physician may affect the Player’s ability to play skilled basketball.
The physician has to have the player's consent before he can release the player's medical information to anybody else. The material you were kind enough to provide states exactly what I already told you. Which I knew it had to, before I read it.
That "individual authorization" is the consent form I already told you about, dumbass. Also notice the word "required." The physician requires the person's consent before he can release the info.(i) If and to the extent necessary to enable or facilitate the disclosure of medical information as provided for by this Contract or Article XXII of the CBA, the Player shall execute such individual authorization(s) as may be requested by the Team or as may be required by health care providers who examine or treat the Player.
Which is what I already told you.
I wish it was clear to you.Is that clear enough? ...
I understand it, and you don't, and you don't know when to pay attention.Do you understand now the role of the Team and Team doctors in regards to the player's fitness and injury management?
Just to be clear - you don't KNOW any of that. Like the part about people being fired. People don't get fired when the ownership group agrees with them, for instance. You throw out the word "involved" as if being involved in acrimony automatically implies wrongdoing. Sometimes a person can force you into a no-win situation. If that person happens to be a rare talent like Kawhi, you're going to get hammered no matter what you do.
So let me ask you a "what if". What if Uncle and Kawhi had decided that he was big enough to be his own brand, and that they needed to get to LA for him to really be marketable? And what if they were willing to play hardball to make it happen sooner than two years? What would that have looked like? I can tell you: it would have looked pretty much exactly like what we saw play out. Unless you have inside information, there's way too much missing information to say either way.
One thig we do know for certain. The guy who was unable to play was suddenly able to come back and play 9 games without ANY sign of the leg pain he was complaining about. Not a limp, not a wince, nothing. And that mysterious return just happened to coincide with a marketing campaign. To anyone unbiased person, that looks a lot more like someone who could have been playing, at least some, than it looks like a guy who just couldn't go.
The other thing we know for certain is that Uncle/Nephew were specifically trying to get to LA. If you've lost trust, and all you want is out of SA, you demand a trade and get the out. That's another detail that argues in favor of the likelihood that they had already made up their minds to move where the money is.
I don't doubt that Kawhi has had some chronic leg pain. A lot of pro athletes, if not most of them, live with chronic pains. I think the Spurs were ed before the season started. Damned if they do, and damned if they don't. Even if Kawhi has discovered that he's getting even more media hype in Toronto than he would have dreamed, and he stays there, it doesn't change anything. He and Uncle put the Spurs in a bind. They either trade him, like he demanded, or they lose him anyway and get nothing out of the deal.
The one thing you're leaving out of your version, is that it's totally at odds with everything we've ever seen or heard about the Spurs medical staff, and the organization as a whole. There are decades worth of history that say that the Spurs put player health first. It doesn't make sense to just flush something like that completely out of the discussion.
If you have that inside information, though, give us a hint. I'll listen.
I think the craziest part about this whole thing is nobody literally knows what happened...or at least it hasn’t been confirmed by a reliable source. To me that’s just so odd...a top 5 player pretty much ghosts arguably on of the most successful organizations in the last 20 years? Like not only the respect they’ve earned with their play but mainly the respect and class they receive off the court.
All this over an injury disagreement? Yes I’m aware there could be more but the main stream media is running with the injury/not hurt/faking card.
Cris Carter who’s the spokesman for the group has insisted and beaten the dead horse saying Kawhi was really hurt..ok that’s fine but I’d like to know and I’m sure most would like to know what injury caused him to miss 73 games without a surgery? We can’t go off the Spurs report..so what was it?
Like is he still hurt from last year? Why the load management? Like why is Kawhi injury such a mystery or hidden secret?
IMO just shows this fool is still “hiding” something if this was KD or LeBron the media would demand real answers
You sound like a guy that would ask the woman why she wasn't willing to talk it out with her husband who was battering her
Without bothering to read all those words, you're right. Parties are free to bargain away a sizeable portion of their rights as a part of any contractual negotiation. This includes a large swath of things from access to the courts (arbitration) to shortened limitations periods to jury waivers etc...
I wouldn't go so far as to say anything and everything can be waived (which, I don't think you're saying). But the general proposition that you can't contract away certain rights is wrong.
The Aldridge trade request was public knowledge... The revisionist history on this board is amazing... Everyone knew about it when he requested the trade... That's how trade requests work... Once the team starts shopping the player, it gets out to the media... We ALL were on this very board saying we need to ship his ass out before the season starts... EVERYONE on here was mad at him...
https://basketball.realgm.com/wireta...ade-From-Spurs
His trade request was VERY public... It lasted the entire summer... Even in October of 2017 the Spurs were still looking to trade him... When they couldn't, he and Pop had the talk
Again, as i've said repeatedly in this thread, you don't know how these things work in the real world, do you...
In those quotes from the contract form you are claiming are justifying your position, you're not paying attention to a word "SHALL". "Shall" is not "may". In contractual language, that does not mean "you may choose to do so", it means you MUST do so, to be in compliance with this contract. Once you sign (and thus get the paycheck), you have waived that choice...
What it saying simply isn't true... When Kawhi played those 9 games, many ppl on here were saying he looks like he came back too soon from injury, and some were saying he needs to sit and recover for longer... A ting like it never happened doesn't make it true... He very CLEARLY was not himself
I think we are all speculating about what occurred and none of it really makes sense. It seems this acrimony was years in the making and we'll probably never get the full story. However, there is one thing that is an absolute fact and that is the Spurs public comments on the injury hurt any leverage we had with Kawhi or the media.
They never should have let it be known that he was cleared when Leonard was stating he couldn't play. Pop's comments on "Kawhi's group" only escalated the situation. I'm not saying he wouldn't have asked to be traded if those comments didn't happen but they should have just taken a more tactful approach.
Whether you agree or not with his team's decision making, you have to give your franchise player as much rope as possible. It looks like Pop's ego got the best of him in this case. Nevertheless, I don't really care anymore and I definitely would not want him back on the team even if he had a change of heart. It's one thing to ask to be traded, it quite another to disparage a franchise through your team and minions in the media. The AD trade request is a primary example of how to do it with some class.
Finally, I'm very excited about this team for the future with Murray, White & Walker. I believe in the organization and we'll be contending again very soon.
And PATFO shut him down. It's not like they were forcing him to play. The only reason they expected him to come back was because the only communication coming from his camp was "He's 95%".
indeed. rather than saying "player authorizes" they say "player shall authorize" to present a future tense. such that in the event that the condition is met in the future, the player must then execute an authorization for the doctor to disclose to the team. but its just as strong.
Repeatedly.
He's almost ready to play. Oh, not so much. Give it more time. OK, he's ready. He'll play on 'X' date. Nope.
No problem, they threw the series away last night
Probably because PATFO didnt commit to the supermax.
Its all about that.
Weren't you the main one who was on here telling everyone that you "knew" that Kawhi was looking to get out of SA - the year before last? He didn't like the teammates PATFO surrounded him with, etc.? That was you, right? Or did you just pick a screen name almost the same as that other guy?
So if he was already looking to leave the previous year, it didn't have anything to do with any injury, real or fake.
Kawhi Theory # 487478476765
After watching him play this post season, I am starting to wonder if he knew he had a chronic leg issue and knew that he wasn't winning a ring with the Spurs.
He's definitely in that "play til' the wheels fall off" mode. Winning now is important because he knows his days are very numbered to play at a high level.
Maybe the Spurs knew, too? It will be interesting to see what he does after the Finals.
Terminology is everything. There's a BIG difference between a chronic condition and a degenerative one, which is the case with Kawhi.
I don't think so. Spurs with Kawhi are better than the Raptors. They don't have anybody close to the quality of Aldridge and their coach is a rookie. Besides that Spurs were ready to bring in DeRozan with Kawhi still on the team. There were rumors they would add another All-Star and it was most likely him
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