A federal judge ruled that Chubb Corporation, the workers’ compensation provider for the National Hockey League since 1994, must give former players copies of medical exams for head trauma, minus personal info. The dispute centers on a concussion program the league created in 1997, which led to documentation of game-related head injuries through 2004. NHL players claim the program shows that the league knew concussions could ultimately lead to neurocognitive illness. U.S. District Judge Susan Nelson in Minnesota ordered the league to disclose emails related to the matter in March of this year.
Chubb objected to handing over the medical exams, claiming the files sought were subject to privacy law governing the disclosure of personal information and that responding would be unduly burdensome and costly. The players then amended their request to seek only the medical exams submitted in connection with concussion injury claims by retired NHL players, perhaps made anonymous. Chubb then sought a medical release from each retired player authorizing the production of the records. The players, in turn, moved to compel Chubb’s compliance with the subpoena and sought unredacted versions of the medical exams. Judge Nelson’s decision forces Chubb to provide anonymized records.
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