Deep in a concussion sinkhole, the CISG lends the NRL a shovel to keep digging

By Geoff Parkes / Expert

The starship that is the NRL enterprise shows no signs of slowing down anytime soon. Attendances in 2023 are up and TV ratings are strong; largely reflective of an attractive, fast-paced product and a log-jammed competition ladder where the old cliché, ‘any team can beat another on any day’, really is true.

Clubs are clamouring over the top of each other to get the nod for a trip to Las Vegas in 2024, and with match two just around the corner, focus has once again shifted to the NRL’s perennial banker, State of Origin.

Not only does it feel like rugby league is bullet-proof, the NRL has the strut and confidence of a body that knows it’s bullet proof.

What other reason can there be for an organisation, so often a laggard when it comes to recognising the dangers of head injury and putting prevention measures in place, this week sending out its Head of Football Elite Competitions, Graham Annesley, as some kind of educator on concussion?

Focusing on explaining the NRL’s on and off-field concussion protocols, Annesley’s weekly briefing for Round 15, was instructive; just not for the reasons the NRL might think.

Stationed alongside a large interactive touch-screen, Annesley gave off strong Professor Julius Sumner-Miller vibes; tackling the thorny issues around the NRL’s concussion protocols, explaining, for the benefit of media and fans, “why is it so?”

Ostensibly in response to criticism of Tom Trbojevic being concussed in State of Origin 1 yet, after the Manly club challenged the diagnosis, being allowed to play nine days later, Annesley clarified the league’s treatment of in-play concussions.

In short, where an independent doctor located in the NRL’s bunker observes a player exhibiting category #2 symptoms (which include lying motionless, slow to stand, potential facial fracture), the player is removed from the field for an HIA, conducted or observed by the club doctor.

If the player passes the test they are allowed back on. If not, they are deemed concussed and enter a graduated return to sport (RTS) protocol.

Where the independent doctor observes a player exhibiting category #1 symptoms, (which include loss of consciousness, balance disturbance, no protective action when falling) the player is removed from the field and, according to the NRL’s own protocols, is unable to return to play.

But here’s where it gets murky. Annesley explained that in these cases, despite the independent doctor deeming a player to be exhibiting category #1 symptoms, the club doctor at the ground conducts an HIA and, if satisfied that no concussion has occurred, has the discretion to allow the player to return to the field.

Further, as in the case of Trbojevic, this determination allows the player to sidestep the NRL’s mandatory 11-day stand-down, and – providing the player satisfies the graduated conditions of the RTS – play the following week.

The pecking order is clear. Despite there being concerns about independence and potential pressure being brought to bear by coaches and players themselves determined to ‘shake it off and play on’, the ultimate decision-making responsibility still sits with the club doctor.

Ryan Matterson of the Eels is attended to by a team trainer (Photo by Cameron Spencer/Getty Images)

What then, of the independent doctor? As Dr Julius might ask; ‘why are they so?’ Perhaps think of their role less as doctor and more as a ‘concussion spotter’, identifying cases for the club doctors to say ‘I’ll take it from there, thanks’.

Annesley justified this chain of command on the grounds that being at the match, conducting an assessment in person, the club doctor was in best position to make a diagnosis. What Annesley didn’t explain was why the NRL doesn’t simply provide an independent doctor at each match; something that Super Rugby, a competition with far less money than the NRL, manages to do.

What Annesley is effectively saying, is ‘trust the club doctor’. Fair enough, but how many club doctors start from a point of doing what they can to keep a concussed player out of the game until there is no doubt that they are fully recovered?

Or, how many doctors work to satisfy the wishes of coaches and players to get them to return to play as quickly as possible?

We know that doctors care. But that different framing and emphasis is critical.

To what extent are matters influenced by the clubs? It is self-evident that in rugby league, there are numerous people at all levels of the game who are uncomfortable with evolution and change where it might turn rugby league into something different from the sport they know and love. Vocal and influential coaches and club executives are among this cohort.

For that reason, when it comes to head injuries, recognition of the need for change, and the implementation of change has been painfully slow.

Some measures have been accepted; others not. Bumping sympathetic club doctors down the pecking order, below newly appointed independent doctors from outside the inner sanctum of the sport is, it seems, a bridge too far.

With respect to RTS, Annesley explained – without any hint of irony – how clubs can apply for an exemption to the 11-day mandatory stand-down where the player is assessed by an “independent neurological expert appointed by the NRL”.

The use of “independent” and “appointed by the NRL” in the same sentence is some high-grade chutzpah.

Anticipating questions around reasons why there exists an 11-day stand-down period, Annesley then went on to say, unashamedly, “There’s no magic around 11 days. There’s no medicine around 11 days”.

Why then, 11 days? Because, Annesley stated, it fell within the range of what some other sports were doing. No magic. No medicine. Just whatever floats.

Benchmarking other codes might be convenient were it not for the fact that head injury incidences remain far higher in the NRL than in other sports. Every week, players continue to forcefully hit each other in the head; sometimes accidentally, other times not.

Last weekend, Canberra’s Jordan Rapana, after suffering a severe head injury in April, was hit high in the first half of their match against the Warriors, and was subjected to an HIA, which he passed.

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With four minutes to play, Rapana received another high shot, and was taken from the field, visibly affected. TV match commentators duly noted that Rapana would now undergo a second HIA in order to be allowed to return to play.

Not only was it not articulated how a test that takes between 10-15 minutes to complete could provide for Rapana’s return to a match with only four minutes of playing time remaining, but how was the notion that a player with a concerning recent history of head injury, could suffer two more significant head impacts in a subsequent match, and still be a chance of passing an HIA in order to keep playing, deemed even possible or desirable?

To this extent, the idea that Annesley make himself available to lecture or educate the rugby league media on concussion makes sense. But only insofar as it doesn’t become an exercise in the blind leading the blind.

To illustrate, in outlining the NRL’s RTS strategy, Annesley quoted stage 3, “where a player can return to running or skating drills”.

Skating? Was this an insight into Trbojevic’s recuperative powers? Apparently not; rather a tired cut and paste job taken from the Concussion in Sport Group (CISG) consensus statement of – wait for it – 2008!

As it happened, the CISG released its 6th consensus statement yesterday, coming six years after the previous statement, released in 2017.

Graham Annesley (Photo by Matt King/Getty Images)

With prominent and influential CISG figurehead Dr. Paul McCrory having resigned from the group last year following a plagiarism scandal, expectations were high around the new statement. But as Melbourne neurophysiologist Dr Alan Pearce explained to The Roar, “a statement that has promised so much, has actually delivered so little.”

“It’s hard to conceive of any other medical or academic paper that carries such a long list of acknowledgements of conflicts of interest held by the various authors,” Pearce noted.

In that respect, it is little wonder that, when compared to the previous statement, so little progress has been made, particularly when it comes to the acknowledgement of Chronic Traumatic Encephalopathy (CTE).

Sought for comment, an Australian Concussion Legacy Foundation (CLF) spokesperson provided The Roar with the following statement; “The absence of any reference to a relationship between contact sport participation and CTE is disappointing. The public need to be properly informed of the dangers. There is evidence to show that repetitive head impacts sustained during contact sports could be linked to an increased risk of CTE.”

“We need to pay attention particularly for our children who commence playing contact sports as early as five. Parents should be informed of the risks and sporting codes should be doing more to mitigate those risks otherwise a failure to take action could have detrimental effects on the future health of athletes and their families,” the statement concluded.

Also raising concerns is a disparity between symptom recovery and the physiological and psychological readiness to return to play. Based on research considered by the CISG, they determined that the mean recovery time following a concussion was 19.8 days.

Again, the question must be asked of the NRL (and other football codes); with respect to their own RTS protocols, on what basis is an 11-day stand-down period for concussed players, deemed safe or appropriate?

Pearce is concerned that the new statement will do little more than continue to provide a shield for sports administrators to conveniently hide behind. “The problem with such a weak statement, one that doesn’t even begin to address concerns over CTE, is that it provides a veil of credibility for any sport that wishes to limit their actions around prevention of brain injury, and appropriate management of injured participants,” he said.

As for Annesley and the NRL, the new concussion statement contains another banana skin, in the form of a specific recommendation to disallow body checking in ice hockey.

When it comes to head injury the NRL might be skating on thin ice, but it will be interesting to note if, at his next ‘concussion update’, Annesley has managed to update his slide deck so as not to confuse audiences with curious ice hockey references.

The Crowd Says:

2023-06-16T14:49:07+00:00

Perthstayer

Roar Rookie


Geoff, late to the show but great article. Sadly what I see is players being played. Either by miscreants with a vested financial interest, or those with a simply misplaced loyalty who are nervous about change ruining their enjoyment. Whilst the burden of proof is growing of the connection between head knocks and CTE, contact sports must be proactive in protecting the players. Union and League always seem to do the least they can. My dread is the courts will takeover and worst still govt will ban contact sports under certain ages

2023-06-16T05:44:47+00:00

eagleJack

Roar Guru


Geoff, I appreciate your point of view, but the Club doctor (NSW doctor) didn’t overrule the Independent doctor. They didn’t attempt to put Turbo back on the field. The Category 1 was the final decision with respect to playing time in State of Origin 1. However, it was clear the decision was incorrect. The Independent doctor can make mistakes, making a diagnosis by looking at a Television screen in real time. And thus 3 separate doctors then assessed Turbo and all concluded that he was not concussed nor had he been concussed. In an abundance of caution they still kept him from paying the following weekend (if in doubt, sit them out, if you will). But he did step back on the field 9 days later, as he would have done if given the correct Category 2 assessment at the time.

2023-06-16T03:53:36+00:00

The Barry

Roar Guru


Also, you’re raising the Rapana incidents as a concern for the game, based on what some dopey commentators said, rather than what actually happened…

2023-06-16T03:48:10+00:00

The Barry

Roar Guru


If you were talking about an independent doctor has examined and tested the player in the week following the incident and says the 11 day stand down must be enforced, Id agree with you 100% But you’re talking about an independent doctor who’s made a call based on symptoms displayed immediately after an incident via TV. That doctor is not, in any way, in a position to provide a definitive diagnosis and prognosis. It’s silly to suggest they are…

2023-06-16T03:47:41+00:00

Nick

Roar Rookie


But what I’m referring to is a situation where industry participants (tobacco companies, sports administrations) repeatedly rely on friendly and supportive research and medical advice, and sometimes provide funding to these same people. Yeah, look what Big Tobacco do when they fund research for favourable responses is low. But the NRL (as far as we can tell) aren't doing that. They are rather more haphazardly just picking and choosing what they want to see...and everyone does do that. It is natural to want to repeatedly rely on friendly advice though. Everyone would. Let's use an example such as your car. You have an issue with it, so you go the mechanic and they tell you it's a transmission issue and the whole box needs to be replaced. They say $5000. You, probably then consider a second opinion. The next mechanic says "nah, you've just got a leaky transmission fluid line, I'll need to drain and replace that. $500". I'll bet when presented with those choices, you pick the $500 option because it is - by far - the more favourable outcome. You aren't a mechanic, so you also just have to hope that the advice you have taken is correct and honest. Both pieces of advice were probably presented honestly and independently. Similar examples could be presented regarding your tax returns and competing pieces of advice from accountants. The average punter invariably picks the person who gets them a bigger tax return and has to hope the accountant is an honest person. That's all the NRL are doing here. They are simply choosing to believe the advice (that was likely given in good and honest intentions) that is more favourable to them. That's not a problem...until/unless the advice ultimately is found to be wrong. But they don't know...yet. It's a problem if they find it to be wrong, but still keep using it.

2023-06-16T03:43:43+00:00

The Barry

Roar Guru


I’m talking about when the bunker doctor says “that’s a cat 1, he’s out for the game” The club doctor can’t over rule that and send a player back on the field. As far as I’m aware that’s never happened What they’re appealing is the 11 day stand down Again, I think it’s completely fair, reasonable and appropriate that a doctor can put a player through examination and neurological testing and appeal the opinion of a doctor who’s made a live call via a TV monitor from a hundred miles away and hasn’t seen the player. It’s ridiculous to suggest that the doctor watching on TV has access to better and more reliable information than the doctor that has examined and tested the player for a week following the incident. Even then the appeal still has to be approved by a doctor independent of the club

AUTHOR

2023-06-16T03:39:40+00:00

Geoff Parkes

Expert


It's a sensible approach, Adam. That's also one of the things the senate committee is looking at, the establishment of a 'concussion passport' for participants in all sports, to carry with them during their career. It's important because every player is different - each concussion incidence and their reaction and recovery. And the evidence is clear around the cumulative impacts of brain injury. Clearly there are some players who should be treated differently to others, based on their histories. In Rapana's case, with his recent history, a more conservative approach would have been not to allow him to return to the field, even if he did pass an HIA. Same would apply to Radley, Ponga and others.

AUTHOR

2023-06-16T03:32:44+00:00

Geoff Parkes

Expert


It is real Cam, which is why it is so confounding that more isn't being done to prevent following generations suffering the same afflictions.

AUTHOR

2023-06-16T03:29:05+00:00

Geoff Parkes

Expert


So the question becomes EJ, why bother having an independent doctor in the first place? If the bunker makes a decision on a try, no matter if a coach and fans disagree, the decision is final. But if an independent doctor makes a decision on a Cat #1 concussion, and a coach and fans and the club doctor disagree, they can have it overturned? That's illogical, imo. There's a slogan used in the UK by the awareness group 'Progressive Rugby' which says, 'if in doubt, sit them out'. The notion of challenging an independent doctor's assessment of a Cat #1 concussion goes against this - the very nature of them making that assessment, regardless of whether another doctor agrees or not, creates sufficient doubt.

AUTHOR

2023-06-16T03:21:59+00:00

Geoff Parkes

Expert


The money isn't an issue Dumbo. Super Rugby does exactly this and that competition is far poorer than the NRL.

AUTHOR

2023-06-16T03:11:53+00:00

Geoff Parkes

Expert


"I think that’s a good system. And clubs can’t challenge that." But they can. And they have. I agree, not often, and depending on the club, in some cases probably not ever. But the fact remains, the independent doctor was brought in with the public understanding that this was to take pressure off club doctors and take these decisions out of their hands. And that's not what has happened at all. And no matter how it's dressed up, that's because coaches and clubs wouldn't agree to cede decision making and control over their players to an outsider. On the other point, nobody is arguing that any doctor can and should diagnose anything off the TV. The NRL can easily have an independent doctor at each match if they wanted, and the clubs agreed. Super Rugby already does this.

2023-06-16T03:08:49+00:00

andrew

Roar Rookie


Chances are it might get signed before Xmas. What a joke. What is it that Newton and Abdo don't agree on. Imagine having either of those two negotiating on your behalf.

2023-06-16T03:06:23+00:00

Red Rob

Roar Rookie


I would suggest that everything the NRL does around concussion is to mitigate any legal issues that will be brought forward by ex- players. That will be true to a large extent, but for good reason. The legal and medical issues are closely intertwined because the legal standard of care owed by the NRL necessarily must take account of the extent and likelihood of harm.

AUTHOR

2023-06-16T03:03:19+00:00

Geoff Parkes

Expert


By definition Nick, what you are saying is strictly true. But what I'm referring to is a situation where industry participants (tobacco companies, sports administrations) repeatedly rely on friendly and supportive research and medical advice, and sometimes provide funding to these same people. That's not the same thing as saying those individuals are disreputable or their particular views aren't genuinely held. One of the potential outcomes from the Australian senate inquiry into concussion is that grants for concussion research may in the future be handled through a central, properly independent body, using researchers from outside the usual, hand-picked closed circle.

2023-06-16T03:02:10+00:00

Dumbo

Roar Rookie


" the NRL continues to keep its medical advisors and researchers within a tight knit group. That’s their prerogative, but it stretches the notion of independence" That's true Geoff, but they are damned if they do and damned if they don't. One of the criticisms of the bunker is its lack of consistency. To avoid lack of consistency (in HIA assessment) by doctors, the NRL has to limit the number who are involved, and ensure that they have roughly the same standards that they apply. It's hard enough to do that just with Independent Doctors in the Bunker: one may decide an HIA is required, but another might not. One might assess symptoms as being Cat 1 and another may not. My personal view - for all it's worth - is that the NRL should have a panel of doctors (a couple in Townsville, a couple in Melbourne, a couple in Canberra/Wollengong, a bunch in Qld and a bunch in Sydney) and send one to each first grade game. Yeah, I know it's big money, over a season, but in the long run it will reduce the amount of money they have to pay out when they get sued for negligence in years to come. It's disappointing how little the NRLPA has had to say about this. [And as a topic for next week, how about twisting a few arms and finding out why the new Agreement has not been signed. What are the issues holding it up?]

2023-06-16T02:57:52+00:00

Red Rob

Roar Rookie


As you well know Nat, I have never disparaged the integrity of any doctor. Geoff, you do exactly that in the next paragraph.

2023-06-16T02:17:30+00:00

Adam

Roar Guru


I'm going to quickly pick up on a couple of threads in this article and sidestep some others. i think the NRL should be implementing a "weighting" to some of these grades. Take Rapana for instance. Having suffered a category 1 concussion within the last 12 months he should immediately be lifted a category in concussions. Further, a 2nd HIA instance in the same game should immediately increase the category as well - if not ruled out immediately. If a player has displayed symptoms twice within 80mins they are so likely to be concussed it's not even funny.

2023-06-16T01:06:23+00:00

Nick

Roar Rookie


Geoff, I think the challenge is what you are asking for (truly independent doctors making decisions) cannot happen. At the end of the day, the NRL is going to have to pay the doctors for their services and retention, and by virtue of payment, there will always be a limit to true 100% unencumbered independence. It's why professions have ethical codes, to ensure that independent decisions are being made irrespective of payment. If you don't trust the ethics of a doctor, then I'm afraid that one is more an issue for the individual to deal with. The only solution I could think of that could get to a more independent point would be the government legislating that they will provide doctors for every professional sports match in the country...but then they'd have to answer to the tax payer.

2023-06-16T01:01:22+00:00

Nick

Roar Rookie


That was dealt with in rugby union severely. No one would be that stupid to try it.

2023-06-16T00:30:06+00:00

Nat

Roar Guru


Geoff you have many times. We’ve disagreed on this previously. You are absolutely questioning their integrity by assuming they don’t provide qualified, educated assessments and protocols to the NRL by virtue of being paid for it.

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