CAS 2014/A/3626 Carmelo Enrique Valencia Chaverra v. Ulsan Hyundai Football Club

Date of the decision: 2015-04-23

Arbitrator(s): Luigi Fumagalli Michael Beloff K.C. Michele Bernasconi

Compensation owed by a party following a termination of contract with just cause can be balanced out against the benefit incurred by that same party.

Facts/Procedure

On 12 January 2010, Mr Chaverra (the Player or the Appellant) signed an employment contract with Ulsan (the Club or the Respondent) valid from 1 January 2010 to 31 December 2012.

In September or October 2010, the Player suffered a shock with a teammate during training and indicated that he was injured. Following an MRI, there was no objective physical finding, so the Player resumed training and playing with the Club.

In January 2011, following a vacation period, the Player reported that he had continuously felt pain due to the injury. The Club doctor found that the pain was recurring due to muscle weakness following the...

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