NORFOLK, Va. - A former minor-league hockey player who injured his shoulder in a fight he claimed his coach told him to start is entitled to workers’ compensation, a Virginia appeals court ruled.
The Virginia Court of Appeals upheld a Virginia Workers’ Compensation Commission finding that “fighting is an integral part of the game of hockey” and that Ty A. Jones’ injury arose in the course of his employment as an “enforcer.”
Jones’ former team, the Norfolk Admirals, had argued that the fight amounted to willful misconduct and that he was not entitled to workers’ compensation.
L. Steven Emmert, a leading Virginia appellate attorney and hockey fan with no connection to the case, suggested the finding Tuesday was so obvious that it does not amount to much as a legal precedent.
“This court finds that fighting is an integral part of hockey,” Emmert said. “Thirty million Canadians could have told you that.” But he added: “Maybe clubs will be a little more careful about sending a goon — an enforcer — out to thunk somebody in the head.”
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Jones got hurt, and an orthopedic surgeon later put six screws in his right shoulder. The athlete wore a sling for almost six months.
In 2004, Jones was awarded workers’ compensation for the seven months he underwent rehabilitation. The ruling did not give a dollar amount.
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Admirals spokesman Alan May declined to comment. The coach at the time of Jones’ injury, Trent Yawney, now coaches the Blackhawks.
“No Blackhawk coach would ever intentionally send a player out to fight with someone,” said Blackhawks spokesman Jim DeMaria.
PHT: The Penguins pushed the Senators to the brink of elimination on Wednesday night after six unanswered goals yielded a 7-3 Game 4 win.
The Senators held a lead twice in the first period, but Pittsburgh's offensive fire power proved to be too much to handle. James Neal and Jarome Iginla each score two as the Penguins cruise to an impressive 7-3 victory in Game 4.
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Highlights: Pens hang seven on Sens The Senators held a lead twice in the first period, but Pittsburgh's offensive fire power proved to be too much to handle. James Neal and Jarome Iginla each score two as the Penguins cruise to an impressive 7-3 victory in Game 4. |
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