United States District Court, E.D. Michigan, Northern Division
ANTHONY A. GAZVODA, Plaintiff,
SECRETARY OF HOMELAND SECURITY, and COMMISSIONER OF UNITED STATES CUSTOMS AND B PROTECTION, Defendants.
ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT AND
DENYING MOTION FOR SANCTIONS
L. LUDINGTON UNITED STATES DISTRICT JUDGE
Anthony Gazvoda filed a complaint against Defendants the
Secretary of Homeland Security (“DHS”) and U.S.
Customs and Border Protection (“CBP”) on November
21, 2015. ECF No. 1. In the complaint, Gazvoda alleges that
the Defendants wrongfully denied his request for a reasonable
accommodation. Gazvoda is a veteran who suffers from
Post-Traumatic Stress Disorder (“PTSD”) and who
requested reassignment from his post as a border patrol agent
in Laredo, Texas, to Sault Ste. Marie, Michigan. Immediately
after filing the complaint, Gazvoda filed a motion for a
temporary restraining order or preliminary injunction. ECF
No. 2. The Court denied Gazvoda's request for a temporary
restraining order, but scheduled a preliminary injunction
hearing and directed expedited briefing. ECF No. 5.
preliminary injunction hearing was held on January 26, 2016.
Several days after the hearing, the Government filed a motion
to dismiss. ECF No. 30. On April 7, 2016, the Court issued an
opinion and order denying the motion to dismiss,
conditionally granting the motion for a preliminary order,
and resolving several other minor motions. ECF No. 34. In
that order, the Court explained that “Gazvoda's
claim for preliminary injunctive relief (and perhaps his
entire claim on the merits) depends on his ability to
demonstrate that a position was available at the border
patrol stations in Sault Ste. Marie and Port Huron.”
April 7, 2016, Op. & Order at 14, ECF No. 34. For that
reason, the Court imposed a temporary injunction and opened
discovery for one month into the availability of border
patrol positions in Michigan during the relevant timeframe.
August 1, 2016, the Court dissolved the temporary injunction
and denied the motion for a preliminary injunction. ECF No.
38. Although open positions existed, the Court found that
Gazvoda could be fully compensated for his alleged injuries
via money damages. Accordingly, an injunction was not
necessary to prevent irreparable harm.
then began. On December 14, 2016, the Government filed a
motion for a protective order. ECF No. 52. In the motion, the
Government requested a protective order precluding the
depositions of Drs. Kirk Swabash, Robert Barger, and Craig
Lemmen. The Defendants argued that the only issue before the
Court would be “whether, based on the information
provided to U.S. Customs and Border Protection (CBP) at the
time, it improperly denied Plaintiff's accommodation
request.” Mot. Prot. Order at 1, ECF No. 52 (emphasis
in original). The Court denied the motion for a protective
order, finding that the information sought in the depositions
was relevant to a number of potentially contested elements of
Gazvoda's claim. ECF No. 57. Two weeks later, Gazvoda
filed a motion for sanctions and attorney fees for defending
against the motion for a protective order. ECF No. 58.
April 3, 2017, the parties filed cross motions for summary
judgment. ECF Nos. 63, 64. Because genuine issues of material
fact remain, both motions for summary judgment will be
denied. Gazvoda's motion for sanctions will likewise be
Gazvoda joined the Michigan National Guard in 2001. Gazvoda
Dep. at 8, ECF No. 64, Ex. 1. He applied for a position as a
border patrol agent in 2007 and received a job offer in 2008.
Id. at 9. However, because Gazvoda was in the
process of deploying to Afghanistan, he was unable to accept
the offer. Id. Gazvoda's tour in Afghanistan
lasted from January to November of 2009. Id. at 10.
While deployed, Gazvoda served as a “team leader for a
route clearance platoon.” Id. That platoon was
tasked with clearing roads of improvised explosive devices
and ambushes. Id. The route clearance typically
occurred in rural areas. Id. at 11.
to a report prepared by psychologist John Haskin, Gazvoda
indicated that he experienced 34 firefights while in
Afghanistan. Haskin Rep. at 6, ECF No. 64, Ex. 5. Haskin
explains: “While he lost no personnel, he did see a
number of severe injuries including seeing an arm blown off,
a buddy shot through the shoulder, and another shot through
the knee. He has a number of scars, two slipped discs, and
suffered at least one concussion. . . . He has suffered from
very bad headaches.” Id.
his tour, Gazvoda returned to Michigan. Id.
Immediately after returning, Gazvoda experienced trouble
sleeping, diagnosed as insomnia. Id. He saw
psychiatrist Robert Barger. Barger Eval. April, 28, 2010, ECF
No. 64, Ex. 2. Dr. Barger indicated that Gazvoda reported
recurrent headaches, decreased concentration, “broken
sleep with nightmares, hypervigilance, intrusive
recollections, avoidance of crowds and certain triggers,
irritability, and some emotional numbing.” Id.
at 2. Dr. Barger concluded that Gazvoda was suffering from
combat-related PTSD. Id. at 2. Despite that
diagnosis, Dr. Barger appeared to believe that Gazvoda's
symptoms were not debilitating and that he was capable of
moving south for employment as a border patrol officer,
assuming Gazvoda received treatment from the local VA in
Texas. Id. at 2. Gazvoda applied for a border patrol
position and was offered a position. On September 10, 2010,
Gazvoda traveled to New Mexico for training. Gazvoda Dep. at
16. While training, Gazvoda did not experience any PTSD
symptoms. Id. As part of the training, he became
proficient in Spanish. Id.
April or May of 2011, Gazvoda was assigned to Laredo, Texas.
Id. at 17. As a border patrol agent, Gazvoda was
tasked with protecting the United States from “the
illegal entry of aliens, terrorists, and terrorist
weapons.” Id. at 18. He was assigned to a
particular border station and also manned a checkpoint
approximately 30 miles from the border. Id. Gazvoda
carried a weapon but never discharged it. Id.
immediately upon moving to Laredo, Gazvoda began experiencing
“severe panic attacks, particularly when
sleeping.” Haskin Rep. at 2; Gazvoda Dep. at 20. His
insomnia worsened to the point where he was “awake all
night or like an hour of sleep sporadic throughout the
week.” Gazvoda Dep. at 13. He suffered from consistent
anxiety and experienced survivor's guilt stemming from
experiences in Afghanistan. Haskin Rep. at 6. According to
Gazvoda, these symptoms did not impact his job performance as
a border patrol agent. Gazvoda Dep. at 26. However, his
personal life was dramatically impacted. Gazvoda reports that
he “just found myself pretty much just in my apartment
after work.” Id. at 27. Gazvoda scheduled
an appointment with a VA psychiatrist in Texas for July 20,
2011. Id. at 24. The appointment was scheduled for
8:00 a.m, and Gazvoda left without seeing the doctor around
9:00 a.m. Id.
2011 (soon after moving to Laredo), Gazvoda applied for
disability benefits through the VA. See Disability
App., ECF No. 64, Ex. 3. Gazvoda listed PTSD, anxiety
disorder, sleep disorder, bilateral hearing loss, and
tinnitus as the disabling conditions he was suffering from.
Id. Several months later, Gazvoda was evaluated by
Dr. Gerwell in San Antonio, Texas. Dr. Gerwell Eval., ECF No.
64, Ex. 4. According to that evaluation, Gazvoda
described his symptoms as difficulty sleeping, emotional
detachment, frequent panic attacks, and avoidance of
stressful situations like crowds. Id. at 1. Dr.
Gerwell described the symptoms as of moderate severity and
indicated that they were “constant, continuous, or
ongoing.” Id. At the time Dr. Gerwell
evaluated Gazvoda, he was not receiving treatment for his
disorders. Id. Ultimately, Dr. Gerwell concluded
that Gazvoda's symptoms met “the diagnostic
criteria of PTSD.” Id. at 5. She noted that
Gazvoda had “difficulty falling or staying asleep,
difficulty concentrating, irritability or outbursts of anger,
hypervigilance and exaggerated startle response.”
Id. at 5-6. Dr. Gerwell opined that the
“prognosis for the psychiatric condition is fair,
” but cautioned that “without treatment there is
not likely to be improvement.” Id. at 6.
Gazvoda currently receives disability benefits from the VA.
Benefits Letter, ECF No. 63, Ex. 13. There is no record that
Gazvoda received further treatment for PTSD while in Laredo.
In December 2011, Gazvoda discussed his difficulties with his
supervisor, who recommended that Gazvoda return to Michigan
for a week and seek treatment. Gazvoda Dep. at 28. After
requesting and receiving leave without pay (abbreviated as
LWOP), Gazvoda returned to Michigan. Id. at 28-29.
back in Michigan, Gazvoda received treatment from Dr. Haskin
and continued treatment with Dr. Barger. Id. at 29.
Dr. Haskin evaluated Gazvoda three times during February and
March of 2012. On March 24, 2012, Dr. Haskin issued a report
summarizing his diagnosis and recommendations. Haskin Rep. at
1. Dr. Haskin indicated that the report was being prepared,
in part, to determine whether Gazvoda “might qualify
for a compassionate transfer under U.S. Customs and Border
Protection Guidelines.” Id. The report
explained that Gazvoda's sleep improved after he left
Laredo, but that he still “confines himself to his home
most of the time.” Id. at 2.
Haskin found that Gazvoda's reported symptoms,
appearance, actions, and responses were “clearly
indicative” of a person “in the acute stages of
severe Posttraumatic Stress Disorder.” Id. at
3, 5, 8. For example, Dr. Haskin explained that Gazvoda
reported agitation and obsessive/impulsive behavior. He
further suggested that Gazvoda had a dissociative disorder
and felt alienated. Id. at 4. Gazvoda was
uncomfortable around people and, as a result, isolated
himself. Id. at 5. Gazvoda's “move out of
Laredo . . . produced some desired results, ” but Dr.
Haskin reported that many of Gazvoda's PTSD symptoms
continued presenting after the move.
Haskin specifically found that Gazvoda's “job as a
Border Patrol officer in Laredo, TX has provided many
significant cues that give rise to reactivating his trauma on
a regular basis and led to deterioration of emotional,
physical, and mental health.” Id. at 8. Dr.
Haskin went on to explain that
[n]umerous aspects of the environment, both common in and
unique to his Laredo placement, which are beyond anyone's
control create visual, audio, tactile, and olfactory cues
that trigger memories of similar situations, and generate
automatic responses that impair Mr. Gazboda's [sic]
mental health, physical well-being, and ability to function
on the job. Some of these include climate and terrain, people
who “look different” than those he sees in more
comfortable situations, people who speak in a language that
he does not readily understand, night ops similar to those in
which some of his worst firefights took place, high tension
related to drug trafficking and violence more severe than in
most other border locations.
Id. at 9.
Haskin went on to opine that “the current level of
treatment provided [to Gazvoda] by the VA is not
adequate.” Id. In fact, he found that
“Gazvoda has neither the judgment nor the physical,
mental, or emotional energy required to perform the duties of
a border patrol officer at this time. His impaired judgment,
slow reactions, and anxiety could put himself, the public,
and other officers in danger. In fact, we see him as unable
to work in any capacity at this time.” Id.
However, Dr. Haskin opined that “[i]f Mr. Gazvoda
receives adequate treatment, . . . he might be ready to
return to work at the same job but in a different work
environment (location) in as little as three to, more
likely, six months.” Id. (emphasis added). For
that reason, Dr. Haskin recommended that Gazvoda be
transferred “from Laredo to as dissimilar a setting as
possible. . . . Most locations on the east or west coast or
the Canadian border should provide sufficient differences to
enable him to function well.” Id. at 10
deposition, Dr. Haskin provided additional context for his
report. Haskin Dep., ECF No. 63, Ex. 4. Dr. Haskin explained
that individuals suffering from severe PTSD often
“can't coherently put the pieces all together to
explain to somebody exactly what's going on because you
don't know.” Id. at 9. Despite the fact
that Gazvoda's symptoms thus included a lack of insight
into his condition, Dr. Haskin noted that Gazvoda was frank
and honest during the evaluation. See Id. at 22.
There was no indication that Gazvoda was malingering.
the next several years, Gazvoda was evaluated by several
other doctors. As mentioned above, Gazvoda resumed
treatment with Dr. Barger upon his return to Michigan. On
July 16, 2012, Dr. Barger issued a statement: Gazvoda
“has requested transfer from the southern border as
part of his work as a Border Control Agent as the southern
environment was a significant trigger for his PTSD given his
previous experiences. It is my opinion that this request of
transfer to the Northern environment would be extremely
beneficial and appropriate.” Barger Letter, ECF No. 46,
Gazvoda was examined by Dr. Martin Vandenakker on July 3,
2013.Vandenakker Op., ECF No. 46 Ex. E. Dr.
Vandenakker explained that Gazvoda had “developed
classic symptoms of PTSD.” Id. at 5. He
further found a “clear relationship between job
location placement, with unfamiliar and densely populated
area, and exacerbation of his symptoms and continued
deleterious affect.” Id. He concluded:
“I not only support the diagnosis of PTSD, but also
support hardship transfer back to northern area where there
are less environmental triggers, more familiarity.”
December 17, 2011, to May 25, 2013, Gazvoda's requests
for LWOP were granted. See AWOL Notification Letter
at 1, ECF No. 64, Ex. 7. In a letter dated May 18, 2013,
however, Gazvoda's request for leave from June 14, 2013,
to July 14, 2013, was denied. Id. at 2. In the
letter, CBP explained that the request for leave was denied
because there was insufficient supporting medical
documentation. The letter reflected that Gazvoda had
submitted recommendations from Tom Kirk, a social worker
Gazvoda had been meeting with, and Dr. Barger. CBP found the
submitted medical documentation was insufficient for two
reasons. First, CBP indicated that social worker Tom Kirk did
not qualify as a medical authority and thus his
recommendation could not be relied upon. Second, the letter
discounted Dr. Barger's opinion because he simply
recommended that Gazvoda be transferred to the northern
border and did not state that “you ‘can NOT go
back to work in Laredo, Texas.'” Id. at 1.
Gazvoda was ordered to report for duty in Laredo on June 14,
2013. When Gazvoda did not report, another letter was sent
informing Gazvoda that he was absent without leave
receiving the first letter denying his request for leave,
Gazvoda immediately contacted Dr. Barger. According to Dr.
Barger's records, Gazvoda made the following request:
“‘I need a letter that says I can NOT go back to
work in Laredo Texas and that I have to work in Michigan, in
a northern border state. It can't say
‘recomend' [sic] last time Dr. Barger said he
didn't ‘recomend' [sic] that I work in Laredo
but it has to say that I CAN'T work in Laredo,
Texas.'” Barger Rec. at 2, ECF No. 64, Ex. 8. Dr.
Barger then provided Gazvoda with an updated recommendation
using the language Gazvoda requested. Id. at 3.
Notwithstanding the update, Gazvoda's request for LWOP
was not approved.
being under standing orders to report to Laredo, Texas,
Gazvoda remained in Michigan. On January 22, 2015, CBP sent
Gazvoda a letter explaining that he was being placed on
administrative leave. On May 23, 2015, CBP sent another
letter wherein they explained that “the agency cannot
allow your absence to continue indefinitely.” March 23,
2015, Letter from Agency, ECF No. 64, Ex. 10. That letter
presented Gazvoda with three options: return to work, request
a reasonable accommodation, or resign.
response to the letter, Gazvoda sought an accommodation.
Gazvoda Dep. at 57. Gazvoda requested to be transferred to
Sault Ste. Marie, Michigan. Accommodation Request, ECF No.
63, Ex. 6. To that end, he contacted Alicia Davila of the
Customs and Border Protection's Office of Diversity and
Civil Rights. Id. On May 19, 2015, Ms. Davila sent
Gazvoda a letter confirming receipt of his request for a
reasonable accommodation and directing Gazvoda to have his
treating doctor complete a questionnaire attached to the
letter. Davila Letter, ECF No. 64, Ex. 12. In response, Dr.
Kirk Swabash sent two letters to Ms. Davila. In both
letters, Dr. Swabash indicated that Gazvoda was suffering
from PTSD. He explained: “I am of the opinion that
there is a direct relationship between job location placement
and direct exacerbation of his underlying disorder.
Unfamiliar and densely populated areas will cause an
exacerbation of his symptoms which, if continued, could have
a deleterious effect on his general [physical] and mental
health.” Sec. Swabash Letter, ECF No. 46, Ex. A.
request for a reasonable accommodation was then reviewed by
the Chief Patrol Agent of the Laredo Sector, Mario Martinez.
On June 26, 2015, Mr. Martinez sent Gazvoda a letter
explaining that “the information gathered during the
interactive process does not clearly indicate whether you
have a disability that requires an accommodation, and if so,
whether you can perform the essential functions of the job
with or without an accommodation[.] . . . I have determined
that a Fitness for Duty Examination (FFDE) is
warranted.” Martinez June 26, 2015, Letter, ECF No. 64,
subsequently received both a physical and a psychiatric
evaluation. During the physical evaluation, Gazvoda disclosed
that he broke his back in 2004 and had metal rods inserted.
See Physical Eval. at 3, ECF No. 64, Ex. 14. Gazvoda
appeared to report occasional back pain related to that
injury, but Gazvoda denied that he had significant physical
restrictions. Id. at 6. Based on the evaluation,
Gazvoda was found physically fit for duty as a border patrol
also received a psychiatric evaluation by Dr. Craig Lemmen.
Lemmen Eval, ECF No. 64, Ex. 15. The evaluation was conducted
on October 19, 2015. Dr. Lemmen found that Gazvoda appeared
“free from symptoms of any depressive disorder, anxiety
disorder, or thought disorder.” Id. at 3.
According to Dr. Lemmen, Gazvoda indicated that he had loved
his job as a border patrol agent in Laredo, but had struggled
with PTSD while there. Id. at 4. When asked about
current PTSD symptoms, Gazvoda “indicated that for a
long time he couldn't go into public places.”
Id. But Gazvoda indicated that his symptoms had
improved since returning to Michigan: he “denied having
any present nightmares” and “indicated that
overall he felt he had a fairly mild case of PTSD.”
Id. When Dr. Lemmen asked whether Gazvoda believed
he could work in Laredo again, Gazvoda said that “he
probably could, although he had some apprehension that what
happened before might happen again.” Id. at
Lemmen concluded that Gazvoda continued to suffer from PTSD,
but concluded that “the severity of the condition is
very mild.” Id. at 8. He emphasized that
Gazvoda “essentially denies all of those symptoms [of
PTSD]” and noted that he did not witness any discomfort
or tension in Gazvoda when discussing the triggering
experiences in the past. Id. Dr. Lemmen opined
“that Mr. Gazvoda can perform the essential functions
of his position without regards to geographical location. By
his report, and there is no evidence to the contrary, he did
not have difficulties on the job when he was in Laredo,
Texas.” Dr. Lemmen acknowledged that “it is
certainly possible that he would again have symptoms”
if he returned to Laredo, but suggested that “they
would likely be attenuated relative to his prior
experience.” Id. at 9. He concluded that a
return to Laredo was very unlikely to produce symptoms that
would “cause [Gazvoda] to be unable to perform his job
in a safe manner.” Id.
November 16, 2015, CBP revoked Gazvoda's administrative
leave and ordered him to report to Laredo, Texas. Nov. 16,
2015, Order Rep., ECF No. 63, Ex. 9. The order relied upon
Dr. Lemmen's finding that Gazvoda could perform the
duties of a border patrol agent without regard to geographic
location. Id. Gazvoda alleges that, upon receiving
the order to report to duty, his PTSD symptoms were
aggravated and he sought emergency medical treatment. Compl.
at 9. He further alleges that he received a doctor's
order not to report to Laredo. Id. He relies upon
ECF No. 46, Ex. G, to support these contentions, but the
referenced document simply asserts that Gazvoda “may
return to work on 11/20/15” and does not identify the
medical issues causing the work restrictions or mention
Laredo, Texas. Id. Regardless, Gazvoda has not
reported to Laredo to this day. Gazvoda Dep. at 67. Gazvoda
filed this suit on November 21, 2015 and sought a temporary
injunction or preliminary restraining order relieving him of
the duty to report.
January 5, 2016, Mr. Martinez sent Gazvoda a letter stating
that “it appears that your impairments may
substantially limit the major life activities of sleeping,
concentrating, and thinking.” Martinez Jan. 5, 2016,
Letter at 2. But Mr. Martinez explained that “due to
the operational needs of the Border Patrol in Laredo Sector,
your request to transfer to Michigan poses an undue
hardship.” Id. Gazvoda's request for an
accommodation was thus denied.
deposition, Mario Martinez provided additional details
regarding his denial of Gazvoda's request for a
reasonable accommodation. When asked to list the reasons he
denied the request, Mr. Martinez explained that “there
are a few.” Martinez Dep. at 35, ECF No. 64, Ex. 17. He
referenced the fact that Gazvoda refused to seek treatment or
take medications while in Laredo. He also mentioned that
Gazvoda had engaged in military-type activities while in
Michigan, but had not experienced exacerbation of his PTSD
symptoms. Id. at 36. Mr. Martinez opined that,
Gazvoda had simply been suffering from “culture
shock” in Laredo, which many new agents experience.
Id. Mr. Martinez also faulted Gazvoda for apparently
seeking an accommodation only to Michigan. Mr. Martinez
explained that he had a great demand for border patrol agents
in the Laredo area and that there were a number of rural
areas along the border in Texas where Gazvoda could have been
assigned. But, according to Mr. Martinez, Gazvoda did not put
those options on the table. Id. at 37-38. There is
no indication that CBP ever offered alternative
March 2012, soon after Gazvoda moved back to Michigan from
Texas, he rejoined the Michigan National Guard. Gazvoda Dep.
at 32-33. A prerequisite for joining the Guard is the ability
to be deployed overseas. At his deposition, Gazvoda was
asked: “[I]n March 2012 when you switched back to the
Michigan National Guard, were you deployable at the
time?” Id. at 33. Gazvoda replied:
“Yes.” Id. Gazvoda was then asked if, in
March 2012, he could have been deployed to Afghanistan, and
Gazvoda confirmed that he would have been able to handle the
deployment. Id. As part of his National Guard
duties, Gazvoda traveled to Oklahoma, Minnesota, and Alabama.
Id. at 25-26, 34, 69. At his deposition, Gazvoda
indicated that those short trips did not trigger any PTSD
symptoms. Id. While in the National Guard, Gazvoda
served for a period of time as a counter-IED instructor.
National Guard Eval. at 1-2, ECF No. 64, Ex. 18. See
also Intel. Decisions App. at 3, ECF No. 64, Ex. 19. In
an evaluation of Gazvoda's service, Gazvoda was found to
be “mentally, physically and emotionally ready to lead
in combat.” Id. at 2.
October 26, 2012, Gazvoda was offered a full-time position
with Intelligent Decisions, Inc. Intel. Decisions App. at 12.
Gazvoda was hired as a “Training and Simulation
Trainer.” Id. In that position, Gazvoda used
virtual reality software to train soldiers to, among other
things, detect IEDs and clear routes. Gazvoda Dep. at 72-73.
From November 2014 to February 2015, Gazvoda worked as a
counter-IED instructor for Booz Allen Hamilton. Id.
at 55- 57. In his deposition, Gazvoda did not suggest that
any of these employment activities triggered his PTSD.
mentioned above, Gazvoda sustained a back injury and knee
injury before being hired by CBP. Both were disclosed to CBP
and did not prevent him from performing duties as a border
patrol agent. Martinez Dep. at 41-42. Over the years, Gazvoda
has suffered periodic back pain which occasionally results in
temporary physical restrictions. See Phys. Restr.
Rec. 1-4, ECF No. 64, Ex. 22 (documenting flare-ups in 2004,
2005, and 2007). In 2013, he was diagnosed with “stable
mild . . . degenerative disc disease.” Saginaw Med.
Rec. at 2, ECF No. 64, Ex. 20. In 2015, he was diagnosed with
“mild degenerative arthritis” in his right hip.
Id. at 18.
December of 2013, a physician completed a “Physical
Restrictions and Limitation Form” which indicated that
Gazvoda had been diagnosed with degenerative disc disease and
had a number of physical restrictions. 2013 Phys. Restr.
Form, ECF No. 64, Ex. 22. Among other limitations, that form
indicated that Gazvoda could not carry or fire a weapon,
could not ride in a military vehicle for 12 hours, and could
not move forty pounds while wearing normal protective gear.
Id. The form indicates that the
“condition” was permanent, but was ambiguous
regarding whether that meant the restrictions were permanent,
or only the diagnosis of degenerative disc disease.
Id. The form was provided to the National Guard.
January 19, 2016, and October 13, 2016, two more physical
restriction forms were completed and provided to the National
Guard. See 2016 Phys. Restr. Forms, ECF No. 64, Ex.
22. The January report diagnosed degenerative disc disease,
while the October report diagnosed lower back pain. Both
reports indicated that Gazvoda had several physical
restrictions, including the inability to ride in a vehicle
for 12 hours or carry a forty pound duffel bag. Once again,
the forms indicated that the “condition” was
permanent. On February 28, 2017, Dr. James Byatt, who
completed the January 19, 2016, form, wrote a letter
indicating that the degenerative disc disease ...