Teams violated contract of ex-CFL player alleging inadequate care after concussion: arbitrator

An arbitrator has ruled that two Canadian Football League teams violated the declaration of former player Arland Bruce III, who suffered a game-related concussion successful 2012. 

However, the arbitrator said "the grounds does not found a causal link" between those violations and Bruce's existent health.

The two-time Grey Cup champion filed a grievance alleging the Hamilton Tiger-Cats, B.C. Lions, Montreal Alouettes and the CFL failed to supply capable aesculapian attraction before, during, and aft his concussion, violating the corporate statement betwixt the league and the CFL Players' Association (CFLPA).

The former wide receiver besides claimed he suffered imperishable carnal and cognitive encephalon harm arsenic a result.

In the ruling, delivered earlier this month, arbitrator Allen Ponak concluded there were 2 declaration violations by the Lions — astir clearing Bruce to play successful 2012 without pre-season aesculapian followup, and past Bruce's instrumentality to crippled play without a physician's medical clearance.

Ponak besides found one usurpation by the Alouettes astir the team's failure to clasp a brain wounded appraisal for Bruce that it claims to person administered.

Earlier applications to code the contented successful B.C. courts were rejected, bringing the complex litigation to the caller proceeding in the Collective Bargaining Agreement (CBA)'s grievance and arbitration process.

Lawyer Robyn Wishart told CBC News that Bruce and his household are "thrilled" astir the decision, aft more than a decennary of trying to found that determination had been breaches successful the corporate agreement.

"His lifelong imagination has ever been to beryllium a Hall of Famer. And, you know, this was a rearview reflector happening for him" implicit the people the arbitration, she said.

"To get an constitution of 3 breaches is ... just truly truthful important to him and his family, the astir important thing."

The hit

During a crippled betwixt the B.C. Lions and Saskatchewan Roughriders connected Sept. 29, 2012, Bruce suffered a concussion and concisely mislaid consciousness connected the field.

Bruce, who was traded by the Tiger-Cats to the Lions successful the mediate of the 2011 season, was assisted to the sidelines and sat retired the remainder of the the game. He returned to play successful the Lions' nonaccomplishment successful the Western Conference last connected Nov. 18. 

Bruce past moved to Montreal, playing a afloat play with the Alouettes successful 2013. The team released him astatine the extremity of the play for reasons unrelated to injury, and his clip successful the CFL came to an end. 

At that point, according to the decision, Bruce's vocation included implicit 250 regular-season and playoff games. He was 5th all-time successful vocation receiving touchdowns, and tied for archetypal for most receptions successful a azygous game.

He'd won 2 Grey Cups, archetypal with the Toronto Argonauts successful 2004, past with the Lions successful 2011. 

'Failure to travel up'

Key to the case, notes Ponak, is whether the Tiger-Cats, Lions, and Alouettes "met their wellness and information responsibilities to Mr. Bruce."

The CFL's collective statement mandates it to supply a harmless workplace for each players and personnel, a request that mirrors Canadian labour laws.

Part of that is implementing a concussion protocol, which includes assessments and reports monitoring injuries and tracking recovery. These are completed by players, their doctors and trainers passim the season.

The decision details grounds from some sides connected Bruce's treatment, arsenic good arsenic opinions from starring encephalon wounded experts in what's described arsenic the archetypal arbitration lawsuit involving a CFL subordinate alleging inadequate attraction pursuing a concussion.

For the astir part, the arbitrator recovered small grounds indicating the teams had been negligent. He rejected that Bruce's "exuberant touchdown celebrations" portion with the Tiger-Cats, for example, were symptomatic of encephalon harm that the squad ignored.

He besides recovered that Bruce's clearance to practise, then to play with the Lions and aboriginal the Alouettes, was tenable and consistent with results from assessments.

Ponak flagged respective lapses, however. 

One of them was the deficiency of followup connected the portion of the B.C. Lions up of the 2012 season, when Bruce reported erstwhile concussions on with symptoms including sensitivity to light, numbness and tingling.

There was besides the question of Bruce's use of a different sanction successful his objective reports and connected his signifier jersey, and the claim of a 2nd language he didn't speak.

"He listed his sanction arsenic Runako Reth and Hebrew arsenic a 2nd language," Ponak writes, adding determination wasn't followup regarding these symptoms.

While 1 doc characterized the behaviour arsenic "not terribly retired of the normal" and different testified it "may person been indicative of intelligence wellness problems but not neurodegenerative illness oregon encephalon damage," others said it should've been followed up on to find Bruce's health.

Ponak agreed, saying the information that Bruce reported nary concussion-type symptoms aft the play began and continued performing astatine a precocious level "does not excuse the nonaccomplishment to travel up."

'A substandard level of care'

Ponak besides recovered that Bruce's instrumentality to playing without aesculapian clearance by a physician, specifically, violated the Lions' information obligations.

Forty-nine days separated Bruce's concussion and his return to the tract to play — a magnitude of clip that "suggests a cautious approach" to his attraction and recovery.

However, the are nary objective notes from the doc liable for his treatment, making the decisions astir his advancement unclear.

"The lack of objective notes requires that I judge connected religion that these [test] scores were accordant with Mr. Bruce's continued betterment ... I would person an easier clip reaching specified a decision if determination were contemporaneous objective doctor's notes to backmost this up," helium wrote.

"I reason that allowing Mr. Bruce to instrumentality to crippled play without aesculapian clearance represents a substandard level of care. It violated Mr. Bruce's close to a harmless workplace nether the CFL constitution and corporate agreement."

In 2018, erstwhile arbitration proceedings were initiated, the Alouettes besides failed to supply a 2013 ImPACT Clinical Report for Bruce, which is utilized to measure encephalon wounded and recovery.

Ponak wrote that portion its implications are apt minor, the nonaccomplishment to clasp that papers violated the team's obligations nether the corporate agreement.

Social media undermining reported intelligence struggles

In 2017, B.C.'s Ministry of Social Development approved Bruce's exertion for a person with disabilities designation, according to the ruling. He was besides approved for a disability taxation recognition by the Canada Revenue Agency.

The determination besides details his experiences of psychosis successful 2014 and 2015.

Ponak wrote, however, that helium recovered "a level of cognitive and carnal functionality good successful excess of the claimed level of terrible impairment," citing Bruce's societal media posts and impermanent appearances connected podcasts. 

Ponak concludes that portion violations were made to workplace information obligations and the retention of medical records, the grounds "does not found a causal link" betwixt those violations and Bruce's current health.

The adjacent measurement is for some parties to find whether Bruce is owed remedial compensation for the violations.