The first arbitration case of a CFL player alleging inadequate care after a concussion concludes that two teams violated the contract of a former elite wide receiver knocked out cold by a hit in 2012.
But Arland Richard Bruce III, who suffers from various alleged ailments, did not convince the arbitrator those problems came as a result.
“The evidence does not establish a causal link between any of the three contract violations and Mr. Bruce’s current cognitive and physical deficits,” Allen Ponak wrote in a recent decision.
Bruce’s lawyer presented evidence that his client is disabled and now has trouble walking 100 metres. But the arbitrator heard the former football star has made “recent social media posts that show him skipping rope at a fast pace, playing basketball, running, and catching a football.”
Bruce was 36 when his football career ended with the Alouettes in early 2014, after he allegedly made homophobic remarks in a chat group about a Montreal teammate who had publicly come out as gay.
The hit that knocked him out came two years earlier when Bruce was suiting up for the B.C. Lions.
“It is undisputed that Mr. Bruce suffered a concussion on Sept. 29, 2012, during a B.C. away game against the Saskatchewan Roughriders. He was hit hard by a defensive player while attempting to catch a pass,” Ponak wrote in his 62-page decision dated May 2.
A video recording of the play was shown multiple times during the arbitration.
“The hit occurred about five minutes into the second quarter,” said the decision. “Mr. Bruce is running a route in the middle of the field and jumps to catch the ball. While he is in the air, a defensive back tackles Mr. Bruce forcefully; the point of contact is the side of Mr. Bruce’s upper body. Mr. Bruce’s head hits the turf and appears to bounce. He lies motionless on his back with his right arm slightly elevated for about 15-20 seconds, likely unconscious, and then begins to move.”
Bill Reichelt, head athletic therapist, or trainer, with the B.C. Lions from 1977 until 2019, testified that he and an assistant quickly attended to Bruce.
“After another 90 seconds, he is helped off the field by two of his teammates, looking very wobbly,” said the decision.
“A few minutes later, Mr. Bruce can be seen on the television broadcast tossing a football on the sidelines with a teammate; at this point, his helmet was taken away by either a doctor or one of the trainers (Mr. Reichelt was unsure who) to prevent him from returning (to) the game.”
Bruce testified that he “has no recollection of the hit other than what he has seen on video replays.”
The CFL had introduced concussion protocols and educational programs for players and staff before 2012, said the decision, which added: “These protocols reflected the increasing attention to concussion prevention and treatment by almost all sports organizations following a number of highly publicized concussions and severe head injuries plus autopsy reports of athletes with brain deterioration known as chronic traumatic encephalopathy or ‘CTE,’ attributed to repeated head trauma.”
Bruce was “cleared for contact on Oct. 29, 2012, but did not play in a game until the Western final on Nov. 18, 2012, 49 days after his concussion,” said the decision.
“The Lions lost the game, ending their season. Mr. Bruce caught six passes for 56 yards in the playoff game. In the off season, he signed with the Montreal Alouettes, playing in all 18 games plus one playoff game in 2013.”
Dennis Cameron, Bruce’s cousin and sometimes agent, testified that Bruce changed after the Sept. 29, 2012, hit. “He became more anxious, had more headaches, suffered from depression, and had difficulty controlling his anger,” Cameron said. “His play suffered and he seemed like a ‘deer in the headlights.’”
In Cameron’s view, “Bruce lied about his health to both B.C. and later Montreal in order to … continue to play and earn a living.”
Cherish Wright, Bruce’s former common law wife, testified that he changed dramatically after the hit that knocked him out. “She said that they stopped communicating and he became short tempered and verbally and physically aggressive,” said the decision. “He physically assaulted her on several occasions in Vancouver and Montreal, smashed her phone, and accused her of infidelity. Small things would make him very angry – she constantly worried about triggering him.”
Bruce was admitted to the psychiatric ward of Surrey Memorial Hospital on Aug. 8, 2014, complaining of depression. “The doctor’s medical notes indicate that Mr. Bruce was suffering from a ‘major depressive disorder with psychosis,’” said the decision.
Bruce’s grievance “alleges that the Hamilton Tiger-Cats’, B.C. Lions’, and Montreal Alouettes’ standard of care was deficient,” said the decision. “It was argued that Hamilton ignored signs of repetitive brain trauma in 2011. It is alleged that before he had properly recovered from his 2012 concussion, the Lions allowed Mr. Bruce to return to practice and play in a game and then Montreal allowed him to play the full 2013 season. It is alleged that as a result Mr. Bruce suffered permanent brain damage that has had a substantial negative impact on his post-football quality of life.”
Ponak also heard about several “oddities” in Bruce’s behaviour prior to the Sept. 29, 2012, hit that knocked him out, including his name change to Runako Reth, and his false claims to speak Hebrew and Arabic.
Ponak found “the 2012 preseason clearance to play violated the Lions’ responsibility to provide a safe workplace,” as Bruce had “reported a number of symptoms for the second consecutive year on the concussion assessment tools.”
The arbitrator ruled that “enabling Mr. Bruce to play in the 2012 Western final without clearance from a physician violated the Lions’ responsibility to provide a safe workplace.”
Ponak also ruled that Montreal’s failure to retain Bruce’s 2013 pre-season concussion assessment test “it claimed to have administered” violated the team’s medical record keeping obligations.
“The remainder of the alleged contract violations are dismissed,” said the arbitrator.
Ponak left it up to the lawyers to sort out any potential financial settlement.
“The parties are invited to make further submissions if they are unable to agree on remedial compensation, if any, to which Mr. Bruce may be entitled for the contract violations,” said the arbitrator.
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