Medical issues, the NBA, and the law

by Engineering Problem on Sep 18, 2007 12:29 AM PDT

Kneegate got me to thinking about some of the thorny legal issues surrounding medical treatment in pro sports:

If a player declined to have necessary surgery, does the team have any legal options with regard to his contract?

Employers are required to make "reasonable accommodation" for an employee's medical condition. Does this mean an injured player can demand to play fewer minutes? Or refuse to run certain plays?

If the team demotes a player's role based on medical concerns, how is that different than the protections granted to the careers of pregnant women or those undergoing cancer treatment?

If a player decided to invoke his right of medical privacy, could he simply say he doesn't want the public to know of his medical condition? Does he waive his rights as part of his NBA contract? Can these rights even be signed away? Can a player disappear for a year without the team being able to say why?

Can a player request "workplace accommodation" from his team without revealing to his employer the nature of his medical problem?

Are NBA players subject to the FMLA (Family Medical Leave Act)? Can they take off six weeks (unpaid) with the legal stipulation that they be able to return to their old job without a decrease in responsibility? What if they get demoted to the bench on return?

If a Golden State player, living in San Francisco, uses medical marijuana, can the NBA take punitive action?

If a team doesn't want to sign a 35 year old superstar to a 6 year deal, how is that not age discrimination? (I believe legal protections kick in at 40)

If there were no guaranteed contracts, would there be any legal implications for teams to say "you play 40 minutes a game on that bum knee or you're outta here"?

Most of these are hypothetical, as NBA players are typically very competitive individuals and don't want to be seen as otherwise. Still, does anyone know how pro sports teams get around these hairy issues?

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i believe

if the player was hurt like a.boone a few years ago,which ironically landed the yankees(a*rod)an off the field or court injury.the franchise can void your contract if they choose to.radmonavich of the lakers hurt his shoulder skiing and then lied about it.the lakers suspended him without pay.don't think it did'nt cross m.kupchak mind to void his contract.so to anwser your ? if you injure yourself on your own time.then a team as the right to void the player's contract.

by fatty on Sep 18, 2007 8:43 AM PDT reply actions

Radmanovich was snowboarding, as I recall

Snowboarding at Park City, Utah. Same place where I dislocated my shoulder many years ago.

I think you are partially right, fatty. A team CAN void the contract of a player who gets injured off the court/field, but only if the injury was incurred in the course of an inherently dangerous activity. If Radmanovich had slipped on ice while walking to the mini mart to pick up a carton of smokes, the Lakers would not have had the option of voiding his contract. They had that option only because Rad got hurt while doing something that carried a substantial risk of injury.

In G.O.'s case, I doubt the Blazers would be allowed to void his contract, because G.O. wasn't doing anything risky when he got hurt.

When church and state marry, the devil pays for the reception.

by fisheyes on Sep 18, 2007 9:54 AM PDT reply actions

You consider DDR "not risky"?

Whatever, Dude... (sarcasm font)

Ball Don't Lie

by bothteamsplayedhard on Sep 18, 2007 10:04 AM PDT up reply actions

furthermore..

there is things a team will tell you that you cannot do, like play tackle football on the weekends, bunjee jump, sky dive,etc.. and I bet snowboarding during the season is on that list of no-no's.

RUDY > MJ

by myemic23 on Sep 18, 2007 6:05 PM PDT up reply actions

I do remember

Miles on the court looking to come off and Lucas pointing to the other end of the court. As in, you are being payed to play, so play. Darius dribbled to the top of the key, thought about going to the basket, then just tossed in a set shot from the top of the key. He was unguardable even with bad knees. I don't think Darius wanted the operation but his knees hurt bad. So, play or get the operation, your choice. I think he made the right choice. Better late than never.

by Kampeska on Sep 18, 2007 10:17 AM PDT reply actions

Darius was hurting

I'm not a Darius fan (the Cheeks tirade did it for me), but I think he got unfairly criticized for dogging it at the end. When your knees are bad, you really shouldn't be playing. And his knees must have been bad based on what we're hearing now about his surgery. That is, that his damage was more extensive than Zach's--let alone GO's.

by hurryup09 on Sep 20, 2007 3:11 PM PDT up reply actions