Class Action Lawsuit Against Concentra

Anyone interested in joining a Class Action lawsuit against Concentra contact me. Its time something is done about them. My case: Disqualifying overweight drivers and or limited to 3 month dot medical cards until Sleep study has been done with no proof of bad health and falsifying medical history to fit their motive.

I walked into Concentra with a 2 year dot medical card with over a year left until expiration. I am starting a new job so they sent me there and require me to have a physical 3 months old or newer. Well, I have been disqualified from driving pending a sleep study with no proof of bad health. While sitting on the table awaiting to be accessed, i was asked why i checked no to all the questions. I said because i have never had any of those illnesses before. The doctor then proceeds to look at me like i am lying and says well in 2011 when you were here the doctor has in your file that you had congestive heart failure and suffered from a pulmonary disease.

She whipped out her tape measure and measured my neck, then proceeded to babble about my neck size and saying my blood pressure was high and pulse rate was high. She also continued to tell me how i needed a sleep study for sleep apnea because the law says if you are above 35% bmi its required to have a sleep study. I told her i had never had any heart trouble, and have a clean medical history and have never failed a dot exam and currently have a valid one. I also told her i had test for my heart and lungs recently showing i was fine because i was being screened to have weight loss surgery. I also get yearly MAN physicals from my primary doctor and he will state i have no health issues, other than being fat. I have no diabetes, no high blood pressure, no other conditions. That wasn't good enough for her and she continued to tell me how the law required me to have a sleep study. I then told her i am not wasting my time and money for something i do not need. She gets mad and says i have til the end of the day to either provide proof ive had a sleep study and i passed or she was disqualifying me and reporting me to the health board at the FMCSA. I got pissed off and called the company im gonna lease my truck on to and told him about the BS. He told me to just get my drug test copy and go somewhere else to do the physical part if i felt like i was being done wrong. So i left and immediately went up the road to another doctor and this one passed me. My weight, blood pressure, pulse, and everything was different from what Concentra documented.

I also found out that the FMCSA has not made any laws saying you can be disqualified based upon weight, neck size, or anything else they do except medical history. If your medical history shows you are at risk for a sleep disorder then they have a right to limit your physical until you are checked out by the proper medical institution by being tested or evaluated. They do not have the right to play GOD and tell you you are disqualified unless you suffer from a very serious illness and fail the exam and the ways you can fail are listed on the FMCSA website. I also found out they are targeting over weight drivers all the time and they get referral money for sending drivers in for frivolous sleep apnea testing. They have been involved in " MILKING " insurance companies, employers, and workers comp also. They have been involved in tons of lawsuits for this stuff, but once again truck drivers just abide by their terms same as we do most things in this industry and it gets no attention while we get screwed.

I cant help but wonder if she is gonna report the exam to the FMCSA and screw up my license. I filled out all my paperwork while in the lobby, so they have my signature on everything and i suppose because of that they can now do what they want with it. She had not filled out her part to disqualify me at the time i had left, i dont know if that makes a difference or not. She said she was giving me a time frame to fax the sleep study info if i had any before she would fill out the forms to disqualify me. I have no papers or anything from that exam. Except the drug test. As of now i have no idea where my driving career will go because i guess its in her hands. I have a clean new 2 year physical from the other place but i mainly did that to see if there was a difference in the examination results. Not sure what to do next about driving. What doctor trumps what doctor? What do you do when youve been passed by 2 doctors in a year and a 3rd disqualifies you?

 

If i had congestive heart failure, i think id know it and so would my primary doctor. Furthermore, in 2011 i did a physical at concentra. The doctor at that time is the one who put the crap in his file, not me. He wanted me to have a sleep study and gave me a 3 month physical. I went to my doctor and my doctor said i didnt need one, So i never got one AS THE LAW STATES. Primary care providers letter of opinion. When my physical expired, i went and got a new one and When it expired, i went and got a new one. I have never failed a physical. or had anything less than 2 years until that guy. She got the file he made up on me and ran with it along with her tape measure. My Case? My case is he or she put in false information so they could sway me into having a sleep study. False information being i have never had congestive heart failure and i have never had any type of pulmonary disease. And they DID NOT get that information from my CLEAN medical history. In order to have a HISTORY of those things, you would first have to be DIAGNOSED with them, of which i have never been. Secondly, they are flat out lying and fear mongering to drivers and steering them toward sleep test by saying the DOT LAW STATES if you are 35% bmi or higher you have to have a sleep study. There is no such law, and there is no such law saying that they can disqualify you for ANYTHING unless its been diagnosed. They are targeting driver with BMI 35% or higher and holding their medical cards as hostage until they get a sleep study, of which they will be compensated via referral money. They have already had their pants sued off for doing this same thing with workers comp patients by referring them to their THERAPY classes that they conveniently own and have next door and milking the insurance companies and employers.

These are the ONLY 13 things they can disqualify a driver for. NOTICE 4-5 and 6..

A person is physically qualified to drive a commercial motor vehicle if that person—
(1) Has no loss of a foot, a leg, a hand, or an arm, or has been granted a skill performance evaluation certificate pursuant to § 391.49;
(2) Has no impairment of:
(i) A hand or finger which interferes with prehension or power grasping; or
(ii) An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or has been granted a skill performance evaluation certificate pursuant to § 391.49.
(3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control;
(4) Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.
(5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely;
(6) Has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a commercial motor vehicle safely;
(7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his/her ability to control and operate a commercial motor vehicle safely;
(8) Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a commercial motor vehicle;
(9) Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely;
(10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber;
(11) First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951.
(12)(i) Does not use any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or other habit-forming drug.
(ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
(13) Has no current clinical diagnosis of alcoholism.

SOURCE: http://www.fmcsa.dot.gov/regulations/title49/section/391.41

 

Well what they will probably do next is say that your TONSILS were an early indicator of sleep apnea as a kid and try and force you into getting tested at a provider that THEY WILL REFER you too. These people will try anything to make money, all while your means to make a living is on the line.