The Jack Eichel saga continues.
The Buffalo Sabres have remained steadfast in their position that Eichel undergo the anterior cervical discectomy and fusion (ACDF). Meanwhile, Jack Eichel maintains the best course of action for him is the artificial disk replacement surgery.
With neither side convinced by the other, it has been reported that Eichel’s side will make one final attempt to convince the Sabres of Eichel’s preferred choice of surgery. Should that not work, Eichel’s side appears prepared to make a grievance filing under section 17 of the Collective Bargaining Agreement (CBA). So, let’s take a look at what is a grievance and what the two sides might argue during a potential hearing.
Article 17 – Grievances, Arbitration, Impartial Arbitrator
A grievance is a dispute between the NHL and NHLPA involving the interpretation or application of anything to do with the CBA. The grievance is filed by the NHL Players Association (NHLPA) on behalf of the player. The two sides then meet for a hearing in front of an arbitrator who makes the final decision. In this case, the NHLPA would file a grievance on behalf of Eichel allowing Eichel’s team to make their arguments in front of an arbitrator.
The Arguments
Buffalo Sabres: The team has the final say
The Buffalo Sabres position will likely be the stronger of the two positions because of the rights the team is given under CBA.
Within the CBA, a player has the right to seek a second medical opinion if they disagree with the team’s assessment. The team, however, has the ability to determine the final course of treatment. Under Article 34.4 the Club Physician is tasked with determining the diagnosis or course of treatment after considering any report provided by a physician chosen by the player to conduct a second medical opinion.
Eichel wants the artificial disk replacement whereas the team wants Eichel to have the more common procedure done, the ACDF. While both surgeries appear to be effective, the artificial disk replacement has not been done by an NHL player, which is likely why the Sabres have determined the ACDF surgery is the more appropriate surgery.
As a result, the Sabres will likely argue that their decision and course of treatment should prevail since the CBA authorizes the team to make the final decision when determining the course of treatment for Eichel.
Jack Eichel: Look at what my doctors have to say
On the flip side, Eichel might argue that the Sabres have not complied with the CBA because they have not given the second medical opinion of his doctor “due consideration”. Under Article 34.4, a player has the right to obtain a second medical opinion and any reports have to be passed on to the Club Physician who will make their decision after reviewing and considering the second medical experts conclusions.
In order to prove his claim that “due consideration” has not been given, Eichel will likely have to demonstrate that the artificial disk replacement, his choice of surgery, is an accepted surgery amongst the medical community and that it is an appropriate choice of surgery for an NHL player. Dr. Chad Prusmack who has suggested the surgery, determined the artificial disk replacement to be the most effective in the short and long-term for Eichel. Dr. Prusmack also noted that while an active NHL player has not undergone an artificial disk replacement, non-professional hockey players have and professional athletes in other contact sports, like rugby and MMA, have also received the surgery.
Eichel has also collected medical opinions to support the surgery he prefers in a last ditch efforts to sway the Sabres management group. If that doesn’t work and a grievance is filed, then an arbitrator will have the benefit of reviewing this information when making his or her decision.
With the ongoing stalemate, the arbitration is the next logical move to at least move the process along. By filing a grievance, both sides will feel a bit more urgency to resolve the issue instead of letting an independent arbitrator make the decision for them. Alternatively, instead of leaving it to an independent arbitrator, the Sabres may be more willing to find a new team for Eichel where the new team is willing to let him pick his surgery and the Sabres can recoup assets for the franchise centre.
For the sake of both the team and the player, hopefully the two sides can reach an amicable agreement and find an end to this saga sooner rather than later.