CourtCases2010

50 per week prevos posted 100000 supersedeas bond and

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Unformatted text preview: o's raised concerns that Sharp would be susceptible to other infectious diseases, 213 including hepatitis and tuberculosis. n4 Sharp's attorney advised him to provide the requested medical information. Sharp continued to promise medical information about his condition from his personal physician, but the information was never forthcoming. Finally, in November of 1993, Prevo's asked that Sharp consent to a medical examination. According to Prevo's, Sharp agreed to a medical examination by an infectious disease expert at the company's expense. Prevo's made an appointment for [**7] Sharp with David Baumgartner, M.D., in Grand Rapids, for November 19, 1993. Prevo's requested that Dr. Baumgartner provide a complete diagnosis and prognosis concerning whether Sharp tested positive for HIV, hepatitis or any related conditions; an opinion concerning whether future treatment would require Sharp to be absent from work; an opinion concerning whether Prevo's should consider assigning Sharp to office work; an opinion regarding the transmittal of HIV on tools and produce; and an opinion concerning the degree of risk Sharp posed to customers and co-workers in the produce position. Sharp did not attend the appointment, claiming he had no transportation to get to the doctor's office. Instead, Sharp saw his own physician who provided a simple opinion that Sharp tested negative for tuberculosis and hepatitis; the tests administered to Sharp by his own physician did not reveal whether Sharp was HIV-positive. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 Produce clerk duties include trimming and packaging produce for sale to the public. At Prevo's the trimming and preparation is performed in a small area. At times, there are up to six clerks working in the produce department. In the course of their duties, clerks use a variety of cutting instruments such as paring knives, chef knives, cleavers and pineapple corers, all of which are shared by the clerks. [**8] n4 According to the...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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