Court of Appeals finds that fighting is part of hockey

Hockey_fighting.jpegIn researching the Moore v. Bertuzzi case, Loudoun, Leesburg and Fairfax injury lawyer came across a Virginia workers comp case involving a professional hockey player. In the case of the Norfolk Admirals vs. Ty Jones, the Court of Appeals held that a pro hockey player did not engage in deliberate misconduct when he was told to go in and “get” a player on the other team. He dutifully entered the game, got into a fight with the other player, and came away with a debilitating shoulder injury. He filed a comp claim against the team (the Norfolk Admirals). The team defended on the basis that he deliberately got into a fight. The player responded, “But that’s what the coach told me to do.” The Virginia Court of Appeals ruled that he was entitled to the benefits, since he was following the employer’s directives.

My friend (and preeminent Appellate lawyer) Steve Emmert was interviewed about the case and told the AP “The court finds that fighting is an integral part of hockey. Thirty million Canadians could have told you that.” While the Virginia Court’s opinion is unpublished, you may contact ABRAMS LANDAU for a copy.

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