MSJ, Exh. D (Declaration of Martin Rosenthal, M.D.) (" Rosenthal Decl." ) at ¶ 2. In that capacity he provides occupational health services to sworn members of MPD, including plaintiff. Id. Due to his asthma, plaintiff had been on non-performance of duty status that prevented him from performing the full duties of an MPD cadet from February 1, 2006 through August 2, 2006. Id. at ¶ 4. On August 1, Page 5