Section 8. Injury Grievances.
(a) If a party to a dispute arising under paragraphs 7, 16(a)(iii), 16(b),
or 16(c) of a Uniform Player Contract so elects, the NBA and the Players
Association shall agree upon
a neutral physician or (in the absence of such
agreement) jointly request that the President of the American College of
Orthopedic Surgeons (or such other similar organization as the NBA and
the Players Association agree may be most appropriate to the issues in
dispute) designate a physician who has no relationship with any party
covered by this Agreement who shall, for purposes of the dispute, serve as
an independent medical expert and consultant to the Grievance Arbitrator.
Such independent medical expert shall conduct a physical examination of
the player; review such medical records and reports relating to the player
that bear on the issues in dispute; and prepare a written report of the
player’s medical condition, which report shall address any specific medical
questions submitted to the independent medical expert by joint agreement
of the parties or by the Grievance Arbitrator. Any reports, opinions, or
conclusions of the independent medical expert shall be provided in writing
to the parties in advance of any hearing scheduled pursuant to Section 4
above. The opinions and conclusions of the independent medical expert
shall be accorded such weight as the Grievance Arbitrator deems
appropriate. The fees and costs of the independent medical expert shall be
borne equally by both sides.