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USCA 5th: Med Opinion Must Be Reasonable

Tuesday, November 22, 2005 | 0

The United States Court of Appeals for the Fifth Circuit ruled that an employer cannot blindly rely on a physician's opinion without first assessing its objective reasonableness. In Rodriguez v. Conagra Grocery Products Co., No. 04-11473, 11/14/2005, Rudy Rodriguez was diagnosed with Type II diabetes. Rodriguez was placed by a staffing agency at Conagra Grocery Products Company, where he performed heavy manual labor. Rodriguez was offered a permanent position in the plant's production area, contingent upon passing a background check, a drug screen, and a physical exam. When Rodriguez ...

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