6th Cir.: CPAP Requirement Doesn't Create Unsafe Working Condition
Cincinnati, OH (WorkersCompensation.com) -- A CPAP machine for a truck driver with sleep apnea was an accommodation, not an unsafe working condition.
According to the court in Allman v. Walmart Inc., No. 19-4220 (6th Cir. 07/30/20), no “reasonable person” would believe that requiring an employee to wear a CPAP machine while sleeping for safety reasons turned the driver’s resignation into a wrongful termination.
Walmart required the driver to wear a CPAP machine at night ...
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