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BEY v. BOLGER

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


April 20, 1982

William L. BEY
v.
William F. BOLGER, Postmaster General of the United States, United States Postal Service Merit Systems Protection Board

The opinion of the court was delivered by: BECHTLE

MEMORANDUM AND ORDER

In this action, plaintiff William L. Bey ("Bey") seeks to reverse the decision of the Merit Systems Protection Board ("MSPB") which affirmed the decision of the United States Postal Service ("Postal Service") to deny for medical reasons plaintiff's application for reinstatement following Bey's completion of a two year enlistment with the United States Navy. In addition, plaintiff Bey claims that the Postal Service's action violated the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791. The parties have filed cross-motions for summary judgment on Bey's challenge to the decision of the MSPB, and a non-jury trial was held on August 20, 21 and 31, 1981, on Bey's claim of employment discrimination.

 The Court will now rule on the cross-motions for summary judgment and present its findings of fact and conclusions of law with respect to the Rehabilitation Act discrimination claim.

 I. Merit Systems Protection Board Claim

 A. Facts

 Plaintiff worked as a Distribution Clerk with the Postal Service from November 12, 1973 to February 8, 1976. On February 9, 1976, plaintiff enlisted in the United States Navy. On February 20, 1978, plaintiff was separated from the Navy and transferred to the temporary disability retired list. DD Form 214N (R. 139). On March 28, 1978, plaintiff applied for re-employment with the Postal Service, seeking reinstatement to his former position as a Distribution Clerk, Level 5, in Philadelphia, Pennsylvania. On March 29, 1978, plaintiff was examined by Irvin F. Hermann, then Area Medical Officer for the Postal Service, and the following blood pressure readings were obtained: 180/120, 170/115 (upright) and 165/115, 180/115 (reclining). Certificate of Medical Examination (March 29, 1978) (R. 128-131). Dr. Hermann noted the following medical history:

 

"Worked as clerk 1973-76. Navy 1976-78. 1976-Dec.-swelling of hands, elevated B.P. detected (while in service) in Portsmouth Hosp. Dec. 1976-Jan. 1977-3 weeks. Discharged from Navy Feb. 1978 because of hypertension and cold urticaria. Getting 30% disability."

 (R. 129). On April 18, 1978, Dr. Hermann re-examined the plaintiff and obtained the following blood pressure readings: 160/100, 160/100 (sitting) and 160/100, 160/100 (lying). (R. 129). Based on the medical history obtained from plaintiff and the blood pressure readings obtained on March 29 and April 18, 1978, Dr. Hermann recommended that plaintiff not be reinstated to employment because of "elevated B.P. (blood pressure) ... has been treated for more than one year ... not controlled." (R. 131). Dr. Hermann noted on a separate slip of paper that "(t)his man does not qualify and should reapply at a later date after adequate treatment." (R. 130). Plaintiff was again reexamined by the medical staff on three separate occasions. Certificate of Medical Examination (June 29, 1978) (R. 124-126). On May 3, 1978, plaintiff's blood pressure was recorded at 165/110; on June 8, 1978, it was 170/110, 180/120, 168/110; and on June 29, 1978, it was recorded at 168/118, 174/115. (R. 125). It was noted on the examination sheet that plaintiff was "on inderal, hydrodiural and apresoline daily for hypertension approx. 1 year from Phila. V. A. (Philadelphia Veterans Administration)" and that plaintiff was on a "30% vet. disability." On June 29, 1978, it was determined that plaintiff was "unsuitable" because of his hypertensive condition and the doctor's recommendation was adopted by Dominic J. Scola, an employment officer for the Postal Service. (R. 126). On July 5, 1978, plaintiff was notified by letter by A. E. Duncanson, Postmaster, Philadelphia District, that his request for re-employment-military had been denied.

 On July 14, 1978, plaintiff filed an appeal with the United States Civil Service Commission, Federal Employee Appeals Authority ("FEAA") (predecessor agency to MSPB) on the grounds that the Postal Service had violated his rights to re-employment under Section 9 of the Military Selective Service Act of 1967, as amended, 50 U.S.C.A.App. § 459 and 38 U.S.C. § 2021 et seq. and the applicable regulations found at 5 C.F.R. Part 353. On November 3, 1978, the FEAA reversed the agency action because the Postal Service had failed to consider plaintiff for positions other than his former position as a Level 5 distribution clerk for which he may be qualified despite his disability. Decision of FEAA (November 3, 1978) (R. 114-118). The FEAA noted:

 

We must find that the record clearly establishes that the appellant was not physically qualified for restoration to that position (Distribution Clerk) as of July 5, 1978, when the decision was made by the agency to deny his application for same. The record does not establish, however, that the appellant was physically disqualified for restoration under the criteria set forth in FPM, Chapter 353, Appendix B-4 to positions as set forth in 5 CFR 353.303 and 304. The medical evidence of record does not specifically address all of the position possibilities, agency-wide, to which the appellant was entitled to be considered for restoration as set forth above; nor does the agency otherwise address other position possibilities, other than light duty positions, even though specifically referred to 5 CFR 353.304 in our letter of October 16, 1978.

 (R. 116). *fn1" Therefore, the FEAA stated:

 

It is the decision of the Federal Employee Appeals Authority that the agency action is reversed. It is recommended that the agency restore the appellant to a position for which he qualifies after having again been medically examined and having had the criteria set forth in the FPM, Chapter 353, Appendix B-4 applied to all positions for which he is entitled to be considered pursuant to 5 CFR 353.303 and 304. This decision constitutes the agency's authority to take such recommended corrective action. Should such recommended corrective action result in the appellant being restored to employment, such restoration must be retroactive to the time frame prescribed by 5 CFR 353.302. Should such recommended corrective action result in a new determination that the appellant is medically disqualified for restoration, such new determination will be subject to a new appeal.

 (R. 117).

 Pursuant to the FEAA's remand, Bruce Dixon, Manager, Labor Relations, wrote to plaintiff on November 13, 1978, and requested "a complete medical file to include the following medical information:

 

1) history of your physical condition/hypertension

 

2) results of a current physical examination

 

3) results and conclusions of any and all pertinent studies

 

4) prognosis relative to your hypertensive condition

 

5) any and all limitations (to include duration of each) emanating from your hypertensive state."

 Letter from Dixon to Bey (November 13, 1978) (R. 110-111). On December 5, 1978, the Postal Service received the medical reports of plaintiff's treating physicians-the Veteran's Administration Outpatient Clinic ("V. A. Clinic")-which included progress notes of physical examinations from May through November, 1978, x-rays of plaintiff's heart taken on June 5, 1978, and a report of the electrocardiogram taken of plaintiff on June 18, 1978. (V.A. File No. 209 40 1371) (R. 77-90). These records revealed that plaintiff's "heart shows moderate enlargement to the left" (R. 84) and that high blood pressure readings were obtained from plaintiff during examinations with the V. A. Outpatient Clinic. (R. 85-89). *fn2"

 On December 6, 1978, Dr. Hermann wrote to the Personnel Office:

 

A review of the current information available indicates that the above named (Bey) has hypertensive cardiovascular disease with cardiac enlargement, abnormal EKG and poorly controlled blood pressure levels.

 

It is my opinion that he does not meet the requirements for any position in the Postal Service.

 Letter from Hermann to Personnel (Dec. 6, 1978) (R. 91). On December 28, 1978, Dixon advised plaintiff that:

 

After receipt (on December 5, 1978) of medical reports from your treating physician(s) (of the VA Outpatient Clinic) a review of two postal medical officers concluded that at this time you are physically unfit for any employment due to your continuing uncontrolled blood pressure, your cardiac enlargement and your abnormal EKG which evidenced left sided strain of the heart.

 

Our records indicate that subsequent to your March 28, 1978 application for reemployment, you were examined on five different occasions-March 29, April 18, May 3, June 8 and June 29, 1978-each time of which resulted in the same finding of uncontrolled elevated blood pressure. Records also disclose your claim that you were then under treatment for this condition. However, review by postal physicians of recent VA medical reports reflect no improvement of your physical condition.

 

Therefore, we regret to advise you that your request for re-employment-military must be disapproved since you physically disqualify as a result of failing to meet the physical employment standards for any position in the postal service.

 Letter from Dixon to Bey (Dec. 28, 1978) (R. 57).

 On January 8, 1979, plaintiff appealed the Postal Service's decision to the MSPB (successor to the FEAA, effective January 1, 1979). On March 21, 1979, MSPB affirmed the Postal Service's action. Decision of MSPB (March 21, 1979) (R. 60-64). The MSPB stated:

 

Part 353 of the Civil Service Regulations concerning an agency's obligation to restore, essentially provides that an employee of an agency who enters on military duty, is entitled to restoration following his release from military duty. Part 353.304 of the Civil Service Regulations provides, in pertinent part:

 

A returning employee who, because of a disability sustained during military duty, is disqualified for a position to which he has restoration rights, is entitled to be restored to another position in the agency for which he is qualified that will provide him like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his case.

 

However, we have reviewed the medical evidence furnished by the agency and conclude that the agency's determination that the appellant was medically unsuitable for any agency position is a valid one, based on the appellant's diagnosed physical condition.

 

Based on the foregoing, it is concluded that the appellant is shown not qualified for restoration after military duty to the position he held before entering on active military duty or to other like positions. Further, it is concluded that the appellant's condition effectively precluded the agency from otherwise restoring the appellant to any other available position to which he might otherwise have been entitled.

 (R. 62-63). On May 13, 1980, plaintiff filed this lawsuit in the United States District Court. *fn3"

 B. Discussion

 Plaintiff now contends that the Postal Service failed to meet its burden of showing that the plaintiff was not qualified for any position in the Postal Service due to medical reasons and that the decision of the MSPB in upholding the Postal Service determination was arbitrary and capricious and an abuse of discretion in violation of Section 706(2)(A) of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A). *fn4" Under Section 9 of the Military Selective Service Act of 1967, as amended, 50 U.S.C.A.App. § 459, and 38 U.S.C. § 2021 et seq., a person who enlisted in the armed forces is entitled to be restored to his former employment or to another job with like seniority, status and pay if he applies for the position within ninety days after satisfactory completion of his military duty and if he is still qualified to perform the duties of the job. If he is no longer qualified to perform the duties of his former position by virtue of a disability sustained during his military service, he is entitled to be restored by that employer to another position for which he is qualified that will provide him with like seniority, status and pay comparable to his original position under all of the circumstances of the case. 38 U.S.C. § 2021(a)(A)(i) and (ii). Pursuant to the Federal Personnel Manual, Chapter 353, Appendix B (B-4) (October 1975), a federal agency "should not refuse to restore an employee because of physical disability unless the disability would:

 

-Make duty performance impossible;

 

-Reduce job efficiency below the level normally expected of an acceptable employee;

 

-Cause the employee's presence on the job to jeopardize the safety or health of the employee or others; or

 

-Be a basis for separation or disability retirement.

 In this case, there is substantial evidence to support the Postal Service's findings that the plaintiff was not qualified for any position in the Postal Service because of his hypertension disability. The Court can take judicial notice that a person suffering hypertension is susceptible to stroke, heart attack, or other physical ailments. There is substantial evidence in the record to support the Postal Service's decision and the affirmance of that decision by the MSPB that plaintiff was medically unqualified for any position in the Postal Service. On four separate occasions, April 18, May 3, June 8 and June 29, 1978, plaintiff was examined by Postal Service physicians and found to suffer from hypertension. Plaintiff's blood pressure readings were taken in the standing and lying positions and repeated at different time intervals during the examinations. V. A. Outpatient records confirmed the Postal Service's determination that plaintiff suffered from uncontrolled hypertension and hypertensive cardiovascular disease. A V. A. x-ray taken on June 5, 1978, revealed that plaintiff's heart "shows moderate enlargement to the left." Moreover, the electrocardiograms submitted were indicative of the aforementioned ailments.

 Plaintiff yet argues that the Postal Service failed to show that this disability would (1) make duty performance impossible; (2) reduce job efficiency below accepted levels; (3) present a "high probability" of hazard to himself or others; or (4) be a basis for separation or disability retirement. The Court finds, however, that there is substantial evidence to support this finding. The medical evidence submitted to and obtained by the Postal Service readily revealed that plaintiff was suffering from uncontrolled hypertension and hypertensive cardiovascular disease from February to December, 1978. This condition is unusual for a man who was twenty-five years old at the time of the application. It was reasonable for the Postal Service to conclude that plaintiff's disability presented a "high probability" of hazard to himself and that the danger would only be increased by strenuous physical activity of any kind. The Postal Service recommended, instead, that plaintiff reapply in the event that adequate treatment could be secured and his hypertension be controlled. (R. 130). The Court will not substitute its opinion for that of the agency where there is substantial evidence to support the agency's findings especially where matters of medical opinion are concerned. In this case, plaintiff was shown to be disabled and unqualified for all positions because of his uncontrolled hypertension and hypertensive cardiovascular disease. The blood pressure readings, electrocardiograms, and x-rays all support this finding.

 Plaintiff argues that the MSPB was arbitrary and capricious in disregarding the fact that the Postal Service did not re-examine plaintiff as instructed in its November 3, 1978 decision. (R. 117). This error is harmless, however, since plaintiff's blood pressure readings taken by the V. A. Outpatient Clinic on December 8, 1978, were 160/118 and 190/130. These readings indicated that plaintiff's hypertension was still uncontrolled.

  Finally, plaintiff argues that the MSPB erred in not deciding in its second decision whether 5 C.F.R. § 353.304 (right of reinstatement upon completion of military enlistment) conflicted with Article XIII of the Collective Bargaining Agreement (5 year service minimum required for light duty status). The Court holds, however, that the MSPB did not err since there is substantial evidence on the record supporting the Postal Service's decision and the affirmation of that decision by the MSPB that plaintiff was medically unqualified for all of the positions available in the Postal Service-light duty status or regular assignment. Therefore, this issue need not have been decided because of plaintiff's medical unsuitability for any position in the Postal Service. For these reasons, defendants' cross-motions for partial summary judgment will be granted on the basis of the administrative record and plaintiff's cross-motion for summary judgment will be denied. *fn5"

 II. Rehabilitation Act Claim

 Plaintiff also contends that the Postal Service's decision to deny plaintiff reinstatement based on his disability violates the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. Plaintiff has also asserted claims under four other provisions: the Anti-Discrimination in Federal Employment Act, 5 U.S.C. § 7203; Section 1003(b) of the Postal Reorganization Act of 1970, 39 U.S.C. § 1003(b); Section 403(a) of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, 38 U.S.C. § 2014(a); and the due process clause of the Fifth Amendment of the United States Constitution. These claims have been withdrawn by plaintiff in response to the Postal Service's arguments that 29 U.S.C. § 791 serves as the exclusive remedy for complaints in federal employment on the basis of handicap discrimination. See Memorandum In Support of Plaintiff's Motion for Partial Summary Judgment, at 1 n.1.

 A. Findings of Fact

 1. Plaintiff William L. Bey was born on August 14, 1952, is a citizen of the United States and resides in Philadelphia, Pennsylvania. (Answer to Complaint, P 6). (Stipulated Fact No. 1).

 2. Defendant William F. Bolger is Postmaster General and, as such, is statutorily responsible for the administration of the United States Postal Service. (Answer to Complaint, P 7). (Stipulated Fact No. 2).

 3. Defendant United States Postal Service is an independent establishment of the executive branch of the United States Government, with the statutory responsibility set forth in the Postal Reorganization Act, 39 U.S.C. § 101, et seq. to provide postal services. (Answer to Complaint, P 8). (Stipulated Fact No. 3).

 4. Defendant Merit Systems Protection Board is an agency of the United States Government with the responsibility for hearing and adjudicating appeals by federal employees of adverse personnel actions, including denial of re-employment rights. The Board is the successor agency to the United States Civil Service Commission. (Answer to Complaint, P 9). (Stipulated Fact No. 4).

 5. Plaintiff worked as a clerk with the Postal Service from November 12, 1973 to February 8, 1976. Plaintiff's primary position was Distribution Clerk. His job consisted of sitting at a case and sorting mail according to the zip code of the letter carriers. His day consisted of an eight-hour shift with two breaks and lunch time. From time to time, he worked on other floors in the main post office, and his duties consisted of sorting bulk mail and small boxes. (N.T. 1-31 through 37, 122 through 124).

 6. On February 9, 1976, Bey enlisted in the United States Navy. His position was that of Radio Room Operator in which he operated teletype machines and other communications equipment. Because of the sensitivity of the equipment, his duty station was air conditioned. His duties required that he work an eight-hour shift. (N.T. 1-37-38, 42-43).

 7. In November, 1976, while in the Navy, plaintiff was diagnosed as suffering from hypertension and cold urticaria. (Stipulated Fact No. 6). (N.T. 1-38-39).

 8. Plaintiff did not, thereafter, work as a Radio Room Operator, except in the security office, because of his sensitivity to cold and his cold urticaria.

 9. Plaintiff was hospitalized in December, 1976 to January, 1977 for three weeks in Portsmouth Naval Hospital for observation and treatment for cold urticaria and hypertension. (N.T. 1-41-42).

 10. Thereafter, plaintiff was examined each month for treatment. (N.T. 1-41-42).

 11. Plaintiff worked light duty assignments in the security office as a radio room operator and as a cashier in the gymnasium for the remainder of his enlistment with the Navy. (N.T. 1-42-43).

 12. Plaintiff was separated from the Navy with a temporary 30 per cent disability on February 20, 1978. (Stipulated Fact No. 7). (DD Form 214N, William L. Bey).

 13. On March 28, 1978, plaintiff applied for re-employment in his former position, Distribution Clerk, Level 5, with the Postal Service in Philadelphia, Pennsylvania. (Stipulated Fact No. 8).

 14. During the course of a physical examination, on March 29, 1978, Irvin F. Hermann, M. D., then Area Medical Officer for the Postal Service (now National Medical Director), obtained the following blood pressure readings from plaintiff: 180/120 and 170/115 (upright) and 165/115 and 180/115 (reclining). (Stipulated Fact No. 9).

 15. At the time of the examination, Bey had been under the medical care of physicians at the Naval Regional Medical Center in Portsmouth, Virginia, and he had been faithful in taking his medication for about one year. However, because he was driving to the examination in Philadelphia from Virginia and he was fearful that the medication would make him dizzy, he failed to take his medication that day and so informed Dr. Hermann. Following the examination, he resumed taking his regular dosage. (N.T. 1-51-55; 3-10).

 16. Dr. Hermann measured plaintiff's blood pressure again on April 18, 1978, where it registered 160/100 (sitting and lying). (Stipulated Fact No. 10).

 17. On April 18, 1978, Dr. Hermann noted that plaintiff suffered from elevated blood pressure, and he wrote that "(t)his man does not qualify and should reapply at a later date after adequate treatment." (Stipulated Fact No. 11).

 18. Medical officers at the Postal Service tested plaintiff's blood pressure on three more occasions. On May 3, 1978, it measured 165/110; on June 8, 1978, it measured 170/110, 180/120, 168/110, and on June 29, 1978, it measured 168/118 and 174/115. As a result, it was the opinion of the various medical officers that plaintiff was unsuitable for employment with the Postal Service. (Stipulated Fact No. 12).

 19. Dr. Hermann recommended that the Postal Service not hire the plaintiff on grounds of uncontrolled hypertension. (Stipulated Fact No. 13).

 20. Dr. Hermann stated in an affidavit that plaintiff "was rejected because he did not pass the physical examination.... Handicaps of such a nature cannot be provided for in the absence of obvious lack of control." (Stipulated Fact No. 14).

 21. On June 29, 1978, Dominic J. Scola, an employment officer for the Postal Service, determined that plaintiff should not be restored to employment with the Postal Service. He based this decision solely upon Dr. Hermann's recommendation, and he stated in an affidavit that "(no) consideration was given to Mr. Bey's former record, and had he successfully passed the physical ... he would have been reemployed." (Stipulated Fact No. 15).

 22. On July 5, 1978, A. E. Duncanson, Postmaster, Philadelphia District, Postal Service, wrote that plaintiff's "request for Reemployment-Military must be disapproved because of physical disqualification due to failure to meet the physical requirements for employment in the Postal Service." Mr. Duncanson based this decision on the facts that "on March 29, 1978 (Bey was) examined by the Medical Officer and found to have elevated blood pressure. Subsequently, (he was) again examined on four (4) different occasions, April 18, May 3, June 8, and June 29, 1978, and each resulted in the same finding of uncontrolled elevated blood pressure." (Stipulated Fact No. 16).

 23. On July 14, 1978, Bey filed an appeal of this determination to the United States Civil Service Commission, Federal Employee Appeals Authority (hereinafter "FEAA") (predecessor agency to the Merit Systems Protection Board) on grounds that the Postal Service had violated his rights to restoration to duty under 5 C.F.R. Part 353. (Stipulated Fact No. 17).

 24. On August 31, 1978, plaintiff asked the FEAA to assist him in obtaining "light duty" work with the Postal Service. (Stipulated Fact No. 18).

 25. On October 16, 1978, Gerald P. Tognetti, an assistant appeals officer of the FEAA, asked Bruce Dixon, Manager, Labor Relations, Philadelphia Sectional Center Facility, Postal Service, to respond to plaintiff's request for light duty assignments. (Stipulated Fact No. 19).

 26. On October 27, 1978, Mr. Dixon advised Mr. Tognetti that plaintiff could not be considered for light duty assignments because the collective bargaining agreement between the Postal Service and its workers restricted light duty assignments to employees with at least five years of service, and the plaintiff, at that time, only had two years and three months employment. (Stipulated Fact No. 20).

 27. Even if the two years of military service had been added to that of his two years and three months employment, plaintiff would still have not been eligible for light duty assignments because the sum total would have been four years and three months' experience.

 28. On November 3, 1978, the FEAA reversed the July 5, 1978 action of the Postal Service in denying plaintiff restoration to duty following military service. (Stipulated Fact No. 21).

 29. The FEAA concluded that the Postal Service had failed to comply with the requirements of Part 353 of the Civil Service regulations by failing to consider plaintiff for any position with the Postal Service rather than just considering plaintiff for reinstatement to Distribution Clerk, Level 5. The FEAA recommended that the Postal Service "restore (plaintiff) to a position for which he qualifies after having again been medically examined and having had the criteria set forth in the FPM, Chapter 353, Appendix B-4 applied to all positions for which he is entitled to be considered pursuant to 5 C.F.R. 353.303 and 304.... Should such recommended corrective action result in the appellant being restored to employment, such restoration must be retroactive to the time frame prescribed by 5 CFR 353.302.... Should such recommended corrective action result in a new determination that the appellant is medically disqualified for restoration, such new determination will be subject to a new appeal." (Stipulated Fact No. 22).

 30. On November 13, 1978, Mr. Dixon, in compliance with the FEAA decision, asked plaintiff to submit, through his treating physician, "a complete medical file to include the following medical information:

 

1) history of your physical condition/hypertension

 

2) results of a current physical examination

 

3) results and conclusions of any and all pertinent studies

 

4) prognosis relative to your hypertensive condition

 

5) any and all limitations (to include duration of each) emanating from your hypertensive state."

 Plaintiff was told that his

 

"... treating physician must submit this medical data to the Post Office Medical Officer-I. Herman, M. D., will review and evaluate the report for the purpose of determining your ability to perform in a duty assignment with the postal service. Also, in determining your physical suitability for employment, you may be re-examined by Dr. Herman after receipt of your treating physician's full medical report. (If necessary, you will receive separate notification regarding an examination by Dr. Herman.)."

 (Stipulated Fact No. 23).

 31. The Veterans Administration Hospital in Philadelphia, at plaintiff's request, sent copies of plaintiff's medical records to the Postal Service. The records were received by the medical office of the Postal Service on December 5, 1978. The records included doctor's progress notes of physical examinations from May through November, 1978. (Stipulated Fact No. 24).

 32. The records included a report of x-rays of Mr. Bey's heart taken on June 5, 1978 by D. B. Wexlar, M. D., which indicated "(t)he heart shows moderate enlargement to the left." (X-ray report, D. B. Wexlar, M. D., June 8, 1978).

 33. The records also included an electrocardiogram taken of Mr. Bey on June 18, 1978. (EKG report, June 18, 1978).

 34. The electrocardiogram taken on June 18, 1978 revealed a left ventricular hypertrophy with an appreciable strain pattern of T wave abnormality. This abnormality was a direct result of plaintiff's hypertensive condition. (N.T. 3-49-57-58-70-71). 35. During the relevant time period, plaintiff's blood pressure had been repeatedly tested. The following is a list of blood pressure readings and the date and place where they were taken: BLOOD PRESSURE DATE PLACE READING 1978 February 24 Navy, Virginia 160/110 March 29 Postal Service 184/116 180/120, 170/115 (upright) 165/115, 180/115 (reclining) March 31 Navy, Virginia 132/96 April 3 Navy, Virginia 158/86 April 7 Navy, Virginia 154/98 April 18 Postal Service 160/100 (sitting & lying) May 3 Postal Service 165/110, 158/102 May 19 VA Clinic 170/115 170/118 180/115 May 19 VA Clinic 150/90 May 22 VA Clinic 150/90 May 25 VA Clinic 150/110 May 26 Navy Philadelphia 130/96 May 30 Navy Philadelphia 152/100 June 2 Navy Philadelphia 146/98 June 2 VA Clinic 150/100, 140/95 140/95 June 8 Postal Service 170/110, 180/120 168/110 June 12 VA Clinic 130/80 June 29 Postal Service 168/118 174/115 July 18 VA Clinic 180/100 August 11 VA Clinic 140/90 August 31 Robert M. Weinstock -/100 M.D. September 18 Julia R. Nathanson 135/85 M.D. December 8 VA Clinic 160/110, 190/130

19820420

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