http://www.theaustralian.com.au/spo...e-doctors-advice/story-fnca0von-1226434240260
Law firms warn ARL Commission of possible litigation should it ignore doctors' advice
THE ARL Commission has been warned by some of the country's leading law firms that it is running the risk of litigation if it continues to ignore the advice of club doctors to ban the shoulder charge.
The shoulder charge goes on trial again tonight when South Sydney fullback Greg Inglis appears before the judiciary to try to have a grade-four dangerous contact charge downgraded for his hit on St George Illawarra's Dean Young.
It is the third time this season the shoulder charge has come under scrutiny after Canterbury's Frank Pritchard was banned for a match for his challenge on Penrith's David Simmons and Brisbane's Ben Te'o was suspended for two games for his hit on Wests Tigers' Matt Groat.
The Weekend Australian was the first to report last month that all 16 club doctors had formed a breakaway group and passed an immediate motion to ban the shoulder charge over growing concerns for players' welfare and safety.
The game's medicos pointed to a class action being launched in the US by former NFL players, who accused the game's governing body of hiding information that linked football-related head trauma to permanent brain injuries.
Former Rugby Union Players Association chief executive and a dispute resolution lawyer with Wisdom, Tony Dempsey said the commission needed to determine whether the shoulder charge was dangerous. The league has already commissioned its research arm to investigate but a decision is not expected until the end of the year.
"If the doctors are all saying shoulder charges are dangerous and the data and the statistics show that there's a lot of injuries coming about as a result of shoulder charges, then the administrators have to have a long, hard look at it," Dempsey said.
When asked what would happen if they didn't heed the advice of the doctors, Dempsey replied: "Well, they run the risk of a lawsuit that may _ and I'm stressing the word may _ find them to be in breach of a duty of care. If lawmakers know of some sort of potential side-effect and they haven't created awareness amongst the players, then it's a bit like smoking. Smoking companies knew the dangers of smoking well before it became public.
"It would be a foolhardy administrator to ignore the advice of a collection of highly regarded sports physicians."
The executive director of law firm IMF, John Walker, said it was up to administrators to determine the rules of the game and therefore a safe workplace.
"If you've got a circumstance where the club doctors are saying it should be banned, then you've got medical opinion that the risks associated with the line the league's drawn is too great," he said. "The guys responsible for the rules will be sitting in a very uncomfortable chair until they make the determination.
"If the doctors are right, then the league is at risk."
ARLC football operations director Nathan McGuirk said it would take time to research the matter and the league would not be pressured into rushing anything through.
"We're looking at substantial research into a very important issue," he said.