Lawyers for an NHL linesman who claims he has been unable to work since he was struck from behind and injured during a game over two years ago, is appealing a recent decision made in the case.

Don Henderson sued Wideman and the Calgary Flames for $10M on April 20, 2017 for the hit that took place during a game with the Nashville Predators on January 27, 2016.

Henderson says he hasn’t officiated at any games since then, saying the incident has left him with permanent injuries and psychological damage.

In early March, a Calgary judge tossed out the lawsuit, saying that the NHL constitution states that disputes between players, coaches or referees must be handled by arbitrators.

Henderson’s lawyers say that the arbitrator in the case would be NHL commissioner Gary Bettman and that that would present a conflict of interest in the process.

Bettman, in addition to working for the league, has ruled on the hit before.

Wideman was originally suspended 20 games for the hit, but that was reduced to 10 games after an appeal from the NHLPA.

The judge in March’s decision says that the arbitration process needs to take place before the court can step in to address any issues that may come up.

There is no date on when the appeal will be heard.