Mogilny was difficult because he was 35 when he signed a two-year deal last summer. Under the league's collective bargaining agreement, that meant he would count against the cap this season even if he retired, was released or played in the AHL. But the Devils convinced the NHL that his chronic hip injury was caused while playing for the Devils, which qualifies him for the long-term injury exception list.
The league examined the case and had Mogilny see an independent doctor Monday before allowing the Devils to place him on the long-term injury exception list.
"The neutral physician .ƒ{.ƒ{. determined that the player is disabled and unable to perform his duties as an NHL hockey player, which includes playing in NHL games," deputy commissioner Bill Daly told The Canadian Press in an e-mail.
So the Devils get off the hook, which won't please some other GMs around the league who were monitoring the situation. They will no doubt feel the 35-and-over clause in the CBA should have been the overriding factor with Mogilny. But the CBA also states that a player of any age can qualify for the long-term injury list if it's a legitimate injury sustained while playing with the club.
The latter won out.