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Jarrod Saffy v The Rebels

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waratahjesus

waratahjesus

Greg Davis (50)
Not sure if this has been discussed elsewhere but interesting article (even if it's only speculation)

http://www.dailytelegraph.com.au/sp...hs-legal-options/story-fn8ti7yn-1226347315342

Concern Saffys career may be over and he is considering his options after Adam Byrnes came into contact with his neck during training while wearing a hard brace. I always thought that players were insured to cover events like this but the article, especially the bit about the Rebels preventing Adam from making comment make it seam That Saffy may be considering legal action against the player himself if not the team.

Anyway, just wondering if anyone knows the story here or if intact players should bring there own legal council to training?
 
Ruggo

Ruggo

Mark Ella (57)
"TRAINING ACCIDENT" should be the key words here. I get the impression the article is hanging Byrnes out to dry. I understand why but it is a shame Byrnes can't share his side of the story.
 
Richo

Richo

John Thornett (49)
So where does Saffy say he is considering suing the Rebels? He says "I'll have to investigate my options" but it's not clear what options he's talking about. He could be thinking about becoming a used car salesman or taking a job at Domino's.

"Hey Jarrod, is legal option a possibility?"

"At this point I really don't know."

"But you can't rule it out?"

"Like I said, I really don't know anything right now."

Shit journalism, IMO.
 
waratahjesus

waratahjesus

Greg Davis (50)
As I said Richo, the article is speculation, but if Byrnes is infect gagged by the club over commenting and the club hasn't addressed the issue, it does make the issue strange. I know Jarrad McCraken (nit sure on spelling) ended up suing an opponent in league who spear tackled him and ended his career, it's an interesting concept and. Thought that insurance had been modified to cover it.

The fact Byrnes was using a brace while competiting in a contact session may be the main point here though.
 
Inside Shoulder

Inside Shoulder

Nathan Sharpe (72)
I find it difficult to believe that the fact he was wearing a rigid arm brace is the cause of the injury. The level of impact needed to cause a bulging disc is pretty severe.

Once you have a collision of sufficient force Byrnes' forearm is essentially unlikely to have been any "softer" than the brace. So I'd reckon there's a red hot issue as to whether the brace actually caused anything. Also, someone correct me if they know better, disc injuries are usually the product of flexion of the neck - less commonly extension - with rotation: the collision may have exacerbated the amount of flexion, for instance. But a direct blow?

The other aspect is that many of us have bulging discs that are asymptomatic. The collision may have rendered the disc syptomatic, caused it to bulge some more or some combination but not caused the bulge itself.

There have been at least 2 highish profile Union players with spinal canal stenosis (which is different, of course, but shows how this can happen) that was discovered after a neck injury by reason of scanning - neither player knew he had it and in Chris Saunders' (Tahs - mid 80s) case he never played again although he made a complete recovery from the injury that led to the discovery of the condition. The other may have been Ben Darwin - but I cant remember his details - and I'm sure there are more.
 
Richo

Richo

John Thornett (49)
WJ, the potential legal issue is interesting... but there is way too much BS in that article for any of such speculation to have merit at this point.
 
waratahjesus

waratahjesus

Greg Davis (50)
Richo said:
WJ, the potential legal issue is interesting... but there is way too much BS in that article for any of such speculation to have merit at this point.
Click to expand...

Yep, as has been said, question remains as I asked in the first post, does insurance not cover these accidents, is legal action now part of the game?

And also, without speculation about BS there wouldn't be Internet forums. So I think we shoud all be grateful for such articles not treat them with contempt.
 
T

TOCC

Guest
Ah completely misleading...

It's not Saffy suing the Rebels, It would be a case of Saffy's lawyers trying to secure the best possible compensation from the Rebels insurance company. It's the same as any workplace accident, the only scenario where the club may be the ones to take the brunt of the financial burden if it were a case of deliberate negligence by another party voiding the insurance.

Insurance for injured players is a requirement of the players CBA same as any other workplace.

As for Byrnes not commenting, well that could easily have more to do with the $7'000 fine he just copped rather then being gagged by the club due to fear of admitting fault.
 
W

Waylon

Guest
The rebels gagged Byrnes because he has a brain the size of a pea and is already in hot water for a recent brain explosion.

Saffy got a knock in a full contact drill for a body contact sport for a professional rugby team

Saffy has been playing a professional body contact sport since he left school.

The only way Saffy would take that to court is through the el cheapo no win - no pay lawyers

No high end lawyer is going to waste any time on that sh1te

Byrnes doesn't have too much to worry about..........except getting fat in his cooling off period
 
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FiveStarStu

FiveStarStu

Bill McLean (32)
This thread is Code Growden, for sure.

Saffy will be fine. If he's not fine, he'll be covered by insurance, from both the ARU and Rebels. He would have a legal team who would ensure the best settlement from the insurance company for such a large case. They would probably be provided by the Rebels.

That's how insurance works.
 
Inside Shoulder

Inside Shoulder

Nathan Sharpe (72)
TOCC said:
Ah completely misleading...

It's not Saffy suing the Rebels, It would be a case of Saffy's lawyers trying to secure the best possible compensation from the Rebels insurance company. It's the same as any workplace accident, the only scenario where the club may be the ones to take the brunt of the financial burden if it were a case of deliberate negligence by another party voiding the insurance.

Insurance for injured players is a requirement of the players CBA same as any other workplace.

As for Byrnes not commenting, well that could easily have more to do with the $7'000 fine he just copped rather then being gagged by the club due to fear of admitting fault.
Click to expand...


Umm......there's no such thing as deliberate negligence


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Inside Shoulder

Inside Shoulder

Nathan Sharpe (72)
Waylon said:
The rebels gagged Byrnes because he has a brain the size of a pea and is already in hot water for a recent brain explosion.

Saffy got a knock in a full contact drill for a body contact sport for a professional rugby team

Saffy has been playing a professional body contact sport since he left school.

The only way Saffy would take that to court is through the el cheapo no win - no pay lawyers

No high end lawyer is going to waste any time on that sh1te

Byrnes doesn't have too much to worry about..........except getting fat in his cooling off period
Click to expand...

Some of this is good and some is ill informed crap: 99.9% of all personal injuries cases and a proportion of non personal injuries cases are no win no fee. "high end lawyers" i.e. solicitors from big city firms (as i assume you mean) with harbour views and fancy folders, wont dirty their hands doing work that might not be paid for: but the best barristers almost all have, will and do.
Your ego may require that you retain a "high end lawyer " but you don't need one to have (a) a viable case; (b) to bring a case or (c) to win a case. So just because your "high end lawyer" wouldnt do it doesn't mean Saffy wouldn't win it.
Rupa likely have firms in each state retained to look after this - if they don't they should.


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Inside Shoulder

Inside Shoulder

Nathan Sharpe (72)
TOCC said:
Ah completely misleading...

It's the same as any workplace accident, the only scenario where the club may be the ones to take the brunt of the financial burden if it were a case of deliberate negligence by another party voiding the insurance.
Click to expand...

As such the right to "sue" your employer for damages for negligence is severely curtailed and rarely worth the effort.


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Inside Shoulder

Inside Shoulder

Nathan Sharpe (72)
FiveStarStu said:
This thread is Code Growden, for sure.

Saffy will be fine. If he's not fine, he'll be covered by insurance, from both the ARU and Rebels. He would have a legal team who would ensure the best settlement from the insurance company for such a large case. They would probably be provided by the Rebels.

That's how insurance works.
Click to expand...

That is not at all how insurance works.


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