The major CBA medical evaluation points:
a) The Leafs doctor(s) clearing Murray as fit to play on ~May 9th, after which he dressed as a backup in games.
b) The results of Murray‘s end of season exit physical. After each teams playing season is over teams conduct exit physicals on each player, including whether the player is medically fit or unfit to play.
We don’t know the results of (b), but Murray didn’t play in a game between (a) May 9th and (b) (unknown date) likely May 13th to 15th. It would be very unusual for Murray to by cleared in (a) but fail (b) less than a week later.
The next CBA mandated player physical is
c) At the opening of training camp in September, all players are given physicals by the team doctor(s).
Teams cannot require a player to submit themself for a physical between (b) and (c). My understanding is the player can voluntarily undergo a physical during this period. This would most commonly happen if a player was rehabbing an injury under the supervision of team doctors. Note: even if a player is rehabbing a injury during the off-season the player is not required to do so under the care of team physicians—the player can use their own selected medical personnel.
If Murray was cleared as fit to play in (b), but wants to claim he is currently injured and unable to play he would have to successfully pursue one of three routes:
1) Challenge the doctors evaluation of being fit to play in (b) was incorrect, seeking a second opinion.
2) Argue he has endured a setback related to a pre-existing injury after it was cleared in (b).
3) Argue he a new injury in the off-season after (b) which qualifies as an injury incurred in the course of his employment as a hockey player. For example in off-season training.
My personal takes:
- I’m skeptical on (2). Most players don’t do any serious ice time training in July. The only realistic claim I could see is if there’s a concussion related setback.
- (3) Is something of a grey area. Would need clear evidence of a covered injury. And keep in mind such an injury would be unlikely to keep Murray out for the 2023-24 season.
- (1) Would be the most likely route for a challenge.
- Lastly I want to emphasize even if Murray isn’t healthy today, that doesn’t automatically mean he would qualify for LTIR the entire 2023-24 season. Buying out Murray now is a much cleaner solution for Toronto vs dealing with how to dump Murray if he’s cleared to play during the 2023-24 season. Especially the earlier in the season he’s cleared.