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James McClean Says Derry Tried to Invoke Permanent Incapacity Clause

The players’ union says he has trained fully for nine weeks and an independent surgeon did not diagnose permanent incapacity.

Overview

  • On Tuesday the PFA Ireland publicly confirmed it is representing James McClean and said Derry City sought to trigger Section 18 of the Standard Players Contract to terminate his deal.
  • The PFAI says McClean has trained fully for nine weeks, played in an internal club match, is fit and available for selection, and that no agreed independent doctor has found him permanently incapacitated.
  • An orthopaedic surgeon who examined McClean at the club’s request on 21 September told the PFAI he believed McClean could continue to play provided he was not in severe pain.
  • McClean apologised for some public criticisms of the club while rejecting how he has been treated, he says he will decide when to retire, and he has not been in a matchday squad since early July under interim manager Mark Connolly.
  • The dispute raises questions about the contract process and a club’s duty of care because Section 18 requires an agreed independent medical finding to end a contract and the PFAI has provided legal advice to McClean as the case moves toward a formal resolution.