Medical Exception

[ROCKET!!!]

Could we offer the medical exception (if we get one) for Marc Jackson or an Anthony Mason?

[NIKEstrad]

We don't have the exception yet. You're going to make rice crispee mad. However, I'll lay out the actual CBA text. None of this Coon FAQ.

[i](c) Disabled Player Exception.

(1) Subject to the rules set forth in subsection (k) below, a Team may, in accordance with the rules set forth in this subsection (c), sign or acquire one Replacement Player to replace a player who, as a result of a Disabling Injury or Illness (as defined below), is unable to render playing services (the "Disabled Player"). Such Replacement Player’s Contract may provide a Salary for the first Season of up to the lesser of (i) 50% of the Disabled Player’s Salary at the time the Disabling Injury or Illness occurred, or (ii) 108% of the Average Player Salary for the prior Season (or, if the prior Season’s Average Player Salary has not been determined, 108% of the Estimated Average Player Salary for the prior Season). Annual increases and decreases in Salary and Unlikely Bonuses shall be governed by Section 5(c)(1) above.

(2) For purposes of this subsection (c), Disabling Injury or Illness means:


(i) For the period July 1 through the immediately following November 30, any injury or illness that will render a player unable to play all (or the remainder) of the Season immediately following such July 1; and


(ii) For the period December 1 through the immediately following June 30, any injury or illness that will render a player unable to play all of the following Season.

(3) The Exception for a Disabling Injury or Illness that occurs during the period July 1 through the immediately following November 30 shall arise on the earlier of (i) forty-five (45) days prior to the last day of the Regular Season immediately following such July 1, or (ii) the date the Team knew or reasonably should have known that the injury or illness would cause the player to miss the Season immediately following such July 1, and shall expire 45 days from the date the Exception arises.

(4) The Exception for a Disabling Injury or Illness that occurs during the period December 1 through the immediately following June 30 shall arise on the earlier of (i) forty-five (45) days prior to the October 1 immediately following the date on which the Disabling Injury or Illness occurs, or (ii) the date the Team knew or reasonably should have known that the injury or illness would cause the player to miss all of the following Season; provided, however, that if the Team knew or reasonably should have known prior to the July 1 immediately following the injury or illness that the injury or illness would cause the player to miss all of the following Season, and if the Team does not use the Exception prior to such July 1, then the Exception shall be deemed to arise on August 1. The Exception for a Disabling Injury or Illness that occurs during the period December 1 through the immediately following June 30 shall expire on the October 1 immediately following the date on which the Exception arises.

(5) The determination of whether a player has suffered a Disabling Injury or Illness shall be made by a physician designated by the NBA. The NBA shall advise the Players Association of the determination of its physician within one business day of such determination. In the event the Players Association disputes the NBA physician’s determination, the parties will immediately refer the matter to a neutral physician (to be selected by the parties at the commencement of each Salary Cap Year) to review the relevant medical information and, if requested, examine the player. Within three business days of his receipt of such information (and examination of the player, if requested), the neutral physician shall make a final determination, which will be final, binding and unappealable. The cost of the NBA physician will be borne by the NBA. The cost of the neutral physician will be borne jointly by the NBA and the Players Association.

(6) If a Team requests an Exception pursuant to this subsection (c), the player with respect to whom the request is made shall cooperate in the processing of the request, including by appearing at the scheduled place and time for examination by the NBA-appointed physician and, if necessary, the neutral physician.

(7) Notwithstanding a determination by a physician designated by the NBA that a player has suffered a Disabling Injury or Illness, such player, upon recovering from his injury or illness, may be restored to his Team’s Active List, without affecting any right the Team may have to sign a Replacement Player.

(8) In no event may a Team enter into a Contract with a Replacement Player pursuant to subsection (c)(4) above, unless the Disabled Player’s Contract covers the Season following the Season in which the Disabling Injury or Illness occurs.

(9) The Disabled Player Exception is available only to the Team with which the player was under Contract at the time his Disabling Injury or Illness occurred.

(10) If a Team makes a request for an Exception to replace a Disabled Player pursuant to this subsection (c) and such request is denied, the Team shall not be permitted to make any subsequent request for an Exception to replace the same player unless ninety (90) days have passed since the first request was denied and the Team establishes that the subsequent request is based on a new injury or an aggravation of the same injury.
----------------------

So, let's translate as it applies to Mo. I hope this helps everyone, and people won't start new threads asking redundant questions.

1.) The lesser of half his salary or the average salary. Mo's salary is 5.4 mill, therefore an exception would be worth 2.7 mill

2.) The first one applies to Mo. CD's comments could help this case.

3.) We have 45 days from yesterday to apply for it. I'm not sure about the first part about 45 days before the end of the season (which would be well into 2nd half of the year, which would make it strange for it to apply for something ending within 1 month of the beginning of the season) , but since it's not the earlier.

4.) N/A

5.) The NBA has a league official do the checking out. NBPA can appeal. This could be an area Super Agent Falk helps out.

6.) Mo has to comply with the check out.

7.) We don't lose the rights to a replacement when Mo is back.

8.) N/A

9.) DPE only available to us right now (within 45 days). As in, we can't trade Mo for another team to get the DPE, or decide at midseason we want it.

10.) If denied, we can't reapply until 90 days later, and a new/aggravation has occurred.

It'd seem we'd have a pretty good case. It's also worth noting getting the DPE doesn't mean Mo isn't allowed to play this year (reg. season)-just that league docs don't think he'd be able to. Zo and Elliott were both DPE cases, and came back.

[Rocketability]

Thanks for the info!

But dammit! It hurts my eyes!

[ROCKET!!!]

NIKE

I have all the exception rules from Coon's faq sitting right here next to me.

Make Crispee mad....that is why I said "IF GRANTED."

Anyway, the questions still stands. Who would you go after....

Mase or Marc?

Tough call. I like Mason's rebounding, but man do we need another head case? Mase is also getting up there in years.

Jackson gives us what we lost (a outside shooter, but not of the same caliber), but not as many rebounds as Mase. Marc is also not an inside banger.

Tough call at best.

[heypartner]

Originally posted by ROCKET!!! I have all the exception rules from Coon's faq sitting right here next to me.

No you don't. Larry never ..... ever.....states that his FAQ is "all" of anything. That is the whole point of his FAQ....to be less than all. I've discussed things with him and he has said...."yeah, but I don't want the FAQ to be bigger just for one small case."

All we have to go by here is historical precedence. ROCKET!!!....do a google search and see how many exceptions you find. This lack of exceptions could be due to the time restraints of Nov 30th imposed on applying for the exception. They also could be due to the league no willing to allow common surgery to get an exception.

The historical fact is that this exception is more rare than the injury in question. You figure it out.

You also figure out why CD said 10-12 months to heal when some doctors say 6-12 months....it is because CD is gearing for a petition for the exception. Good luck. I hope we get it. But, don't count on it.

[Roc Paint]

Marc Jackson already has his bags packed for Houston...

[JuanValdez]

Originally posted by NIKEstrad 1.) The lesser of half his salary or the average salary. Mo's salary is 5.4 mill, therefore an exception would be worth 2.7 mill

Isn't Mo's salary this coming year $6.5 million, making the exception $3.25 million?

[Rocketman95]

Originally posted by crispee No you don't.

How do you know? He never said he had all the exception rules, just the rules from Coon's FAQ. Seems pretty reasonable to me.

[oeilpere]

* MoTay's 2001 season salary is $6.5 Million Dollars. Half of that is $3.25M.

* Average of previous season salary is $4.+ Million. And, 108% of that is well over half of Mo's salary.

* Actual value of the Diasability Exception therefore will be $3.25Million.

[NJRocket]

Guys...I posted something similar to what Im about to write on another thread but basically with Zo and Sean Elliot coming back to play in the same season that their respective teams got the exception, i think the NBA Bd of Govs is going to be a bit more strict in handing out other medical exceptions. I hope we get it!

[heypartner]

NJrocket,

you could very well be right about their thinking. They don't want teams to get exceptions when the player ends up coming back. Another way of looking at it though is to say that they are lenient with teams who lost a significant starter.

Originally posted by Rocketman95 How do you know? He never said he had all the exception rules, just the rules from Coon's FAQ. Seems pretty reasonable to me.

But RM95, I think "I have all the exception rules from the Coon FAQ in front of me" could have been stated "I have the entire Coon FAQ in front of me" if his meaning was merely he had the FAQ. By specifying "I have all the exception rules," I interpreted it as saying he had all the exception rules.

ROCKET!!! and I go back and forth about this stuff. He likes to rib me (which he did), and I like to school him.... I don't think he took offense. btw: I appreciate the kind words about helping with the server ROCKET!!!.

My point about the Coon FAQ was to take that comment by ROCKET!!! as an opportunity to pass on something Larry told me. I hope people appreciate it. Larry often says that the FAQ is not accurate, because he balances perfect accuracy with length. Reciting the FAQ verbatim can breed misunderstanding, as Larry's main goal is to simplify the CBA and answer common (general) questions. Saying Larry's FAQ is misleading is not saying Larry is wrong. He acknowledges that.

[ROCKET!!!]

Rocketman95
Thanks for getting my back while I'm not in the BBS!!!!

Much appreciated.

Crispee loves to hammer on me when I'm not here to defend myself.

CRISPEE

or is that........

SOGGY?

You school'in me?

Clearly, a FAQ is not the full CBA text in its entirety!

Oh well....okay.....

I guess I will admit that your point was well placed for the newbies at my expense........

However, that being said........

Now answer the frigging initial question!:D

HP.....
No prob. The kudos were well deserved!