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Yankees Just Decide to Not Pay Jacoby Ellsbury Guaranteed Money


ramssuperbowl99

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Just now, ramssuperbowl99 said:

Yeah and the message here is that Hal is a *****.

well you’re not wrong but this is the first time he has a little balls to stand up to the fleas or the world 

albeit from a selfish scumbag highly dishonest motivation but I’ll take what I can get from him 

you’re either with the Cs or against us 

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3 minutes ago, mission27 said:

George was banned from baseball for paying a private investigator to dig up dirt on Dave Winfield to ruin his career

he would have been 100% supportive of this 

He was apart of Watergate too. How the **** did he stay an owner?

You're still wrong on this one, but if we could get a biography of George's smugness I'd greatly appreciate it.

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5 hours ago, ramssuperbowl99 said:

Page 7 of the contract, section 2 says:

That's a brutal run-on sentence, but I take it to mean "if you get hurt playing baseball, you're covered, but we get to choose your treatments". If Ellsbury got treatments from a non-approved doctor, that'd be a small violation of this clause because this was treatment for a baseball injury.

I think Ellsbury would still have the right to choose his own doctor/hospital if he wanted for non-baseball issues.

That is not the case in any other sport. 

It also says injury shall not impede the player's right. The player can waive that right at any time. All that says is that the player has the right to receive medical treatment from the team, not that the player is obligated to use them. 

Not doctor could ethically practice under an arrangement where the player was forced to use their services/care while being paid for someone without the player/patient's best interests. 

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3 minutes ago, ramssuperbowl99 said:

This is the doctor-patient-health insurance company relationship people deal with every day.

The difference is that the insurance company is supposed to represent the patient, not the company (in reality, all they care about is their bottom line, but that's another conversation for a another time). The patient can say forget this and go and find their own doctor and pay for their medical treatment on their own and there is nothing the company can do about it.

Again, we don't know what's in Ellsbury's contract, but I find it extremely difficult for the Yankees to say that they can withhold salary for Ellsbury getting treatment somewhere else. Missing a physical? Sure. Declining treatment from the team …. that's pretty unusual. Lot of players in every other sport have their own trainers and staff with no issues. 

I know baseball is somewhat unique in it's CBA, but there would have been numerous lawsuits by now if players were forced to use team doctors, simply because of the ethical considerations.

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6 minutes ago, Slateman said:

Again, we don't know what's in Ellsbury's contract, but I find it extremely difficult for the Yankees to say that they can withhold salary for Ellsbury getting treatment somewhere else. Missing a physical? Sure. Declining treatment from the team …. that's pretty unusual. Lot of players in every other sport have their own trainers and staff with no issues. 

I know baseball is somewhat unique in it's CBA, but there would have been numerous lawsuits by now if players were forced to use team doctors, simply because of the ethical considerations.

He's not being accused of refusing the team provided doctor, he's being accused of getting treatments related to a baseball injury without getting the Yankees approval first. 

The remedy for Ellsbury would have been to tell the Yankees (if he didn't - we don't know the details yet), or file a grievance if he did and they refused to sign off.

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Just now, ramssuperbowl99 said:

He's not being accused of refusing the team provided doctor, he's being accused of getting treatments related to a baseball injury without getting the Yankees approval first. 

The remedy for Ellsbury would have been to tell the Yankees (if he didn't - we don't know the details yet), or file a grievance if he did and they refused to sign off.

Why would he have to get approval from the Yankees? 

The Yankees have to offer treatment for the baseball injury. There's nothing in that contract that says Ellsbury has to get their approval to seek outside treatment. If my copy of the CBA is the right one, all Ellsbury has to do is inform the club, in writing, of his decision to seek a second medical opinion, and the name of the physician. The only authorization that would be needed from the Yankees were if Ellsbury sought a second opinion from medical specialists who were not on the accepted listing the club provided to the player AND the player is requesting the club pay for the medical bills. 

The only case the Yankees may have is if they weren't notified, in writing, of Ellsbury seeking outside medical assistance.

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4 minutes ago, Slateman said:

Why would he have to get approval from the Yankees? 

Quote

Disability directly resulting from injury sustained in the course and within the scope of his employment under this contract shall not impair the right of the Player to receive his full salary for the period of such disability or for the season in which the injury was sustained (whichever period is shorter), together with reasonable medical and hospital expenses incurred by reason of the injury and during the term of this contract for a period of up to two years from the date of initial treatment for such injury, whichever period is longer, but only upon the express prerequisite conditions that

(a) written notice of such injury, including the time, place cause, and nature of the injury, is served upon and received by the Club within twenty days of the sustaining of said injury

(b) the Club shall have the right to designate the doctors and hospitals furnishing such medical and hospital services.

 

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