That Aud Smell

I went ahead and peeked at the CBA. Not easy reading. It appears to me that Cappuccino's opinion may have been that of a so-called third physician expert, not that of a team physician. In all events, it is clear that a team physician -- one of Freitas, Fineberg, or Jain (based on what's on the team's website) -- will make the final determination on a diagnosis and course of treatment. "(e) Following the later of: (i) issuance of the Second Medical Opinion; or (ii) issuance of the recommendation on diagnosis or course of treatment by the Third Physician Expert, if any, the team physician shall determine the diagnosis and/or course of treatment (including the timing thereof) after consulting with the Second Medical Opinion Physician and the Third Physician Expert, if any, and giving due consideration to his/her/their recommendation(s)." It also seems to me that the time for a medical grievance to be filed by the NHLPA has long since passed.

1000s of doctors conduct IME’s for third parties (mostly insurance companies) every day. From what I can tell, Cappuccino is not treating Jack; he’s examining Jack on behalf of the Sabres.

Based on what I know of IME’s, I’d imagine he examined Eichel and reviewed all of his records, scans and, test results. No direct contact with his treating doctors. As for the balance: I’ve explained my view of that. These things aren’t binary.

Protecting was a mite strong there. But not overly. He provided his determination on behalf of the Sabres relative to a player-asset that the Sabres have (own (😮)). Entirely possible. And/or maybe Eichel’s presentation is such that Cappuccino doesn’t see how ADR would work for him.

As far as I can tell, they paid Cappuccino *to provide* an opinion - there’s a difference. I do not think the Sabres told him what to say. He most certainly would not engage in that kind of deal. None of that negates what I’ve said. Again, he’s not Eichel’s treating physician. He’s a team physician, hired by the team, to provide a determination on behalf of the team. If he were Eichel’s personal doctor (he’s not), maybe he would have agreed to do an ADR.

Not for nothing: Cappuccino is a world-leading proponent of ADR surgery. He’s practically an evangelist for it. So the fact that he recommends against it here is … quite something. I’m not sure what that something is, tbh. But it’s remarkable.

Suffice to say: I’m not attacking the guy’s character, integrity, honesty, etc. These things are far from binary. He’s acting on behalf of the Sabres, assuredly within the bounds of professional standards and ethics. Absolutely not, for reasons stated above. This sort of activity goes on all the time. All the time.

He’s not Eichel’s treating doctor. He’s the team’s independent medical examiner (or something along that line). He’s not treating Eichel; he’s protecting the team.

Why not? Someone paid for his opinion in this matter. Namely, the Sabres (PSE) paid for his opinion. He’s not a neutral. He’s a company man, albeit a highly credentialed professional (whose opinion can’t be bought (🙄)). Per the CBA, though, it sounds like his word may be final as an initial matter? And I read that there’s some sort of grievance procedure to challenge that determination. Curious as to why that’s not been pursued.

Cappuccino is certainly an accomplished spine surgeon. One thing to consider: Plaintiffs' lawyers used to hire Cappuccino to provide expert opinions in personal injury lawsuits. If he agrees to work for your side, it's fair to say that he will generally find a way to express an opinion in-line with the position you're taking. Edited: To clarify that Cappuccino has probably backed away from an active practice in the past several years -- he had a serious battle with cancer (leukemia, IIRC).

I remember that being a Lindyism. Something to the effect of "let's be falling forwards when we make our mistakes."

Excerpts below from Lysowski's piece on Granato in today's online BN. The team has one of the least impressive rosters in the league. But I cannot help but be encouraged by what I read about/from the HC. He had a style of play in mind – fast-paced, relentless and, in many ways, simple – to challenge young players and coach to their strengths. ... “I felt our team, through the Covid issue, through no training camp, we never got in the game condition that we needed. ... The third periods weren't good. We were losing puck battles, conserving energy, because we didn't have it. I felt practice intensity was going to be important." ... When the Sabres were ready, Granato implemented changes to their 5-on-5 game. Defensemen were allowed to carry the puck into the offensive zone. Forwards were able to use their speed and skill on the rush. There was no overthinking. Young players didn’t fear making mistakes and were challenged to handle difficult assignments.

Thank goodness - finally!

But to be clear: XXXXXXXXXXXX is on the table.

The silence that has followed this report tends to confirm that this was an invention of Brisson.

Hoo boy. Good job, Dan-O.

^ It's absurd that a guy that size can move like that. He's been fantastic so far this season.

One thing I will add, though, re the Dan Lust questions about "where are Snyder's emails": When you're at the tippy tippy top of the food chain, you don't need to use email. And you may well not use it. You'd certainly be well advised not to use it.

Did that investigation not conclude with the $10M fine this past June or July? Edit: Okay. Reading the Dan Lust Tweets - I get it.

I don't understand the use of "antics" here.

thanks @Hoss i’d been looking for reproduced copies of the emails themselves, rather than descriptions and quotes. I don’t think anyone has published the emails themselves in toto.

I looked - did not find them. What search terms should I be using?

^^ I didn't keep a running inventory, but my takeaway was that Collinsworth was absolutely brutal in making his story lines about the Chiefs, not the Bills. Insufferable.

^ I do think that’s what’s going on. Hence, Brisson on podcasts and such, leaking “developments” to Dreger, et al.