Thread: Mock 1/23/19
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Old 02-01-2019, 10:40 AM   #68
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Quote:
Originally Posted by kccrow View Post
I think we can agree DJ, that this situation comes down to the injury notation by team physicians at the time of the physical and throughout the season as to whether there was any substant change. If there was not, meaning his practice and/or playing aggravated the injury to a degree he could not practice or play at a level at or above that noted at the time of the physical, then Berry would have a case.

As this deformity is something that develops over time, the team and Berry very much could not have known that he'd ever have the current issue based on physicals in prior seasons so that can and likely will be moot.

As for the physical itself, all players are subject to a minimum physical per Appendix K (starts on page 291). You will see that this does not include the necessity to do any imaging on any part of the body other than the chest unless an area was previously injured. I believe this was the side Berry did not previously injure but I may be wrong there.

Do note Section 3, part 1 of the Injury Grievance as well, which may easily be in play here:
I thought Berry DID participate in team drills in the first day and that was what got him shut down.

It brings me back to my response to Meck in the other thread - there's so much ground to cover here that the fact that the national writers are just not mentioning it doesn't tell me that they have a clear answer - it tells me that they simply haven't considered it.
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