Michael McCann at the Sports Law Blog really sinks his teeth into the Eddy Curry situation. After quoting doctors, the NBPA, and researching the NBA's collective bargaining agreement, he finds more questions instead of a definitive answer. That said, his speculative conclusion is that Eddy would have the 'upper-hand' in an arbitration hearing.
I'd provide some selections, but that'd be a disservice to post, which is fantastic. go and read it.