Any dispute under this Article will be processed under Article 43. In any grievance in which the NFLPA or a player is claiming an Injury Protection benefit, the NFLPA or the player may contend that the player should not have passed a physical examination given pursuant to Section 2(c) of this Article by his current or former Club on or before August 1 of the season following the season of a player’s injury. In any such grievance, with respect to a player who remains under contract to the Club at the time his physical examination given pursuant to Subsection 2(c) of this Article, the NFLPA or the player may introduce evidence from a second opinion physician, provided that such physician conducted his examination of the player by August 15 or within fourteen days of written notice by the Club to the player that the player passed the examination given for this Article, whichever is later. With respect to a player whose contract has been terminated at the time of the physical examination given pursuant to Section 2(c) of this Article, the NFLPA or the player may introduce evidence from a physician selected by and paid for by the player regarding the player’s physical condition at the time of the Club’s physical exam, provided that such physician conducted his examination of the player by August 15 or within fourteen days of written notice by the Club to the player that the player passed the examination given for this Article, whichever is later. For the avoidance of doubt, unless player remains under contract with the Club, neither the NFL nor the Club shall be obligated to pay for the second opinion physician’s examination of the player for purposes of this Article. Any such evidence will be considered with the evidence from the Club physician, and the arbitrator shall give no special deference to the evidence presented by either physician. If the NFLPA prevails in such a grievance, then the requirements of Section 2(c) above shall be deemed to have been satisfied.
Beginning in the 2021 League Year (for a 2020 injury), in any Non-Injury Grievance pursuant to Article 43 of this Agreement concerning a player’s claim for the Injury Protection Benefit, the Club and the Management Council may assert as an affirmative defense that the player failed to make a full and complete disclosure of his physical or mental condition in connection with a physical examination if the Club can demonstrate that (1) the player affirmatively misrepresented or omitted from his medical history when questioned (either orally or in writing) in connection with a physical examination that he: (A) had a surgical procedure for an injury, or (B) missed game(s) due to injury; (2) the player subsequently suffered a new injury related to the prior injury (i.e., same body part); and (3) the new injury was materially and directly related to the injury giving rise to the player’s entitlement to the Injury Protection Benefit. For the avoidance of doubt, this provision shall only apply to a player’s claim for Injury Protection pursuant to this Article. No party may argue that this provision applies to or defines the special defense set forth in Article 44, Section 3(a)(2) of this Agreement.