[Mike F]

Even as a Flames fan, I have a serious issue with the arbitrator's decision.

To start, he determines that "the proper penalty should have been that specified in League Rule 40.3", which states:

Any player who deliberately applies physical force to an official in any manner (excluding actions as set out in Category I), which physical force is applied without intent to injure, or who spits on an official, shall be automatically suspended for not less than ten (10) games

So, he's accepted that an interpretation that Wideman deliberately applied physical force was appropriate.

His issue with the initial decision comes from the "intent to injure" element of 40.2. After acknowledging that "intent to injure" in 40.2 includes "any physical force which a player... should have known could reasonably be expected to cause injury" he goes on to rule:

The League argues that Wideman’s actions were, at the least, actions that Wideman knew or should have known could reasonably be expected to cause injury. Commissioner Bettman agreed.

What, exactly, Wideman should have known, however, is not an easy question to answer. I do not think the parenthetical language should be interpreted as introducing the idealized “reasonable person” who occupies such a prominent place in the developed common law. I construe the parenthetical as encompassing what the player should have known, taking into account the specific circumstances that occurred. In Wideman’s case, this means taking into account his concussed state, and I do not believe
that in his concussed state, Wideman could or should have anticipated that his push would cause Henderson to fall and bang his head against the boards sufficiently hard to put Henderson also in a concussed state.

This I seriously disagree with.

First, I see no reason why this isn't taken as the reasonable person test. But even if you accept it's a person in Wideman's condition, and I acknowledge he was concussed, given that he:

1. Got to his skates and skated to the bench on his own;
2. Had the awareness to tap his stick for a line change;
3. Wasn't displaying sufficient distress to have the team doctor pulhim from the game; and
4. Played the rest of the game without displaying obvious impairment

you're not going to convince me he shouldn't have reasonably known that contacting an unsuspecting person from behind, with that degree of force, was likely to cause an injury without some compelling medical evidence. It's just too far a stretch, IMO.