I think we can agree DJ, that this situation comes down to the injury notation by team physicians at the time of the physical and throughout the season as to whether there was any substant change. If there was not, meaning his practice and/or playing aggravated the injury to a degree he could not practice or play at a level at or above that noted at the time of the physical, then Berry would have a case.
As this deformity is something that develops over time, the team and Berry very much could not have known that he'd ever have the current issue based on physicals in prior seasons so that can and likely will be moot.
As for the physical itself, all players are subject to a minimum physical per Appendix K (starts on page 291). You will see that this does not include the necessity to do any imaging on any part of the body other than the chest unless an area was previously injured. I believe this was the side Berry did not previously injure but I may be wrong there.
Do note Section 3, part 1 of the Injury Grievance as well, which may easily be in play here:
Quote:
|
That the player did not pass the physical examination administered by the Club physician at the beginning of the preseason training camp for the year in question. This defense will not be available if: (i) the Player was injured during offseason workouts at the club facility under the direction of a club official prior to not passing the physical examination or (ii) the player participated in any team drills following his physical ex-amination or in any preseason or regular season game; provided, however, that the Club physician may require the player to undergo certain exercises or activities, not team drills, to determine whether the player will pass the physical examination;
|