Legal advice needed about medical card

What is the condition?

 

I'd go for a second opinion. If you are passed by that qualified doctor, and your company won't accept that, time to change jobs.

 

There was an interview just the other day on SiriusXM with a FMCSA official. Some similar question came up, and that official said to seek a second opinion and work from there. He said if the second one passes you, you'd be good to go.

 

Yup. You ALWAYS have the right to a second, third, fourth, or however many opinions you wish to seek. As long as you answer any questions asked in the same manner, it is perfectly legal. What gets you into trouble is if doctor A asks "do you snore?" and you respond "loud and proud", and he decides you may have sleep apnea and wants you to do a sleep study...so when doctor B asks the same question you say "nope. Never snored a night in my life" in order to avoid the sleep study. THEN it might come back to bite you. As long as you're honest and consistent with your answers, you're entitled to see as many doctors as you choose to pay.

 

how does one appeal to the FMCSA?

IF you don't have a condition that isn't listed on the no drive list where a waiver is needed, then I would just tell the company get another doc. Your previous cards are meaningless, they don't even consider them.

 

If you work for a company that requires you to go to the company idiot for a physical, find a different company.

 

Exactly. Companies must not be too bad off if they are ok sending drivers to docs who pull this kind of stuff and sticking by them. If they won't accept a medical card from another doctor then it's time to move on, unfortunately.