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
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.
- Spring '08