For a sleep apnea patient compliant with CPAP, problems arise when an employer disagrees with the physician who certifies the employee as “fit for duty,” reports

Landry alleges in his lawsuit that the employer asked for data from his CPAP machine that demonstrated he was complying with his sleep apnea treatment. Specifically, the employer asked for a full year of data that showed he was using his CPAP machine as prescribed. The only problem, according to him, was that his CPAP machine didn’t have the capability of storing the data. In response, the employer demanded that he get a new CPAP machine. Unfortunately, his insurance wouldn’t cover a new machine.