he just doesnt have to retire. he can just sit on the bench and collect his check, or be "injured" and just stay on LTIR...there are always ways around it.
they can just bubblewrap him and send him home like the Rangers woulda done with Redden.
Yeah, I have a very hard time seing how the NHL is going to enforce the Burke rule.
I don't know with a goalie, but looking at like Franzen, Marian Hossa and co, in like 3-4 years, will these guys have a body part that is NOT hurt?
A NHL team / insurance company can't force someone to work more than any other employer. If you can get a doctor to say that you will get problems when you are old / or aggregate something when you get older, you can go on LTIR. Lack ligament in x joint = LTIR is an option. Finding ligament on a 38-40 y/o NHLer is as hard as finding water in Sahara.
On the issue of retirement: of he retires, Vancouver gets the cap hit. So if he feels like walking away, he doesn't have to feel any guilt about burdening his current team. He'd be hurting an organization that he's probably resentful towards, anyway.
As far as LTIR...that's tough. Yeah, he could probably find a doctor that would declare him unfit to play. If the NHL sensed it was a scam, though, I'm sure they'd intervene. We saw what they did to the Devils for the first Kovalchuk agreement, and I'd say overstating/fabricating an injury to get a guy on LTIR is a far more egregious violation of the spirit (and the letter) of the CBA. Is a team going to risk forfeiture of potentially multiple draft picks and whatever else to get out from under a contract? I doubt it. There's also the issue of whether a doctor affiliated with the league would risk his reputation in stretching the truth at a club's behest.
Bubble wrapping a guy and sending him home is hardly an option, either, especially if the guy wants to play. A team's not going to be able to force an able-bodied guy to sit at home without facing a big grievance from the NHLPA, which again just invites intense scrutiny from the League's office.
I really think that with the Kovalchuk/Devils thing, the League showed that they have no interest in allowing teams to skirt CBA language. A team might try, but it's pretty damn risky.