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Cisak sues


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lol the concept of a proper medical at latics is quite funny. "If you can open that door to get out" you are not for us. :-)

 

Wont win that case surely. He could have always said hang on its still causing pain. Deport him?

Can't deport him he has EU citizenship, possibly UK citizenship too, but I think that was you joking, although there was that case of that SA turned English Rugby player. I can't see him winning, and to sue in these sort of matters can be very costly. But if he does win, we in turn may have a case for misrepresentation, provided the issue wasn't already discussed or covered elsewhere, as injuries like that can essentially become common knowledge in football

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That surely includes a question of "do you know of any reason..." like on a heath assessment for insurance or something? Just speculating, of course, but an interesting angle to this I think...

Whether he's guilty of misrepresentation depends on what he was asked and what statements he made during that process, Acks. The club would have to prove that they relied on such statements and that they induced the club to enter into the contract. The fact the club does a medical would give him grounds to claim that they, in fact, relied on that over anything else and so there's no misrepresentation. Because he was fit to play throughout most of his contract (and on the whole played as well as you'd expect a League One keeper to), I reckon the club would struggle to recover any substantial damages, so it wouldn't be worth their while going after him.

 

As for Cisak's case against the surgeon, as it's a civil case, it will be decided on the balance of probability; i.e. is it more likely than not that his claim is a valid one? I still think the court will take some convincing on the notion that he would otherwise have been playing at a higher level and will be reluctant to set a precedent.

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Whether he's guilty of misrepresentation depends on what he was asked and what statements he made during that process, Acks. The club would have to prove that they relied on such statements and that they induced the club to enter into the contract. The fact the club does a medical would give him grounds to claim that they, in fact, relied on that over anything else and so there's no misrepresentation. Because he was fit to play throughout most of his contract (and on the whole played as well as you'd expect a League One keeper to), I reckon the club would struggle to recover any substantial damages, so it wouldn't be worth their while going after him.

 

As for Cisak's case against the surgeon, as it's a civil case, it will be decided on the balance of probability; i.e. is it more likely than not that his claim is a valid one? I still think the court will take some convincing on the notion that he would otherwise have been playing at a higher level and will be reluctant to set a precedent.

Who is the club doctor?

Presume it is him, or would it beoutsourced?

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Who is the club doctor?

Presume it is him, or would it beoutsourced?

We've got 2 club doctors, both local GPs, they might do some of the medicals but others they will outsource to have a more specialist Doctor check. The club will undoubtedly have insurance and conducting medicals may come under the remit of that insurance too.
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He might have grounds if he retired from it.

 

Otherwise he's still making a living and a better one than most people in the country at that.

Exactly, also now likely to have worried off employers in the future. Seems an odd thing to suggest you're not as good as you could be whilst still trying to earn a wage from it.

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Very strange timing i have to say.

 

This is surely the type of thing that should happen after an early retirement through said injury, not while you're still playing?

 

Which club in their right mind will want to sign a GK who has openly admitted he cannot train properly and who has to take painkillers to get through training sessions and games?

 

I didn't masively have an opinion on Cisak - just he seemed to me to be a decent L1 'Keeper - until he got that loan to Pompey. Then in his interviews during that move, he didn't half come across as an arrogant, full of himself spoilt dickhead.

 

This has only added to that opinion really...

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Latics doctors are volunteers who just help out on match days as I understand it (having shadowed one of them whilst in the process of applying to Med School a couple of years ago) - great gig for a fan but doubt they'd be involved in medical assessments of new transfers!

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