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Before Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.

Negron-Fuentes worked in Puerto Rico as a technical services manager for UPS Supply Chain Solutions (“UPS-SCS”), a wholly owned subsidiary of United Parcel Service of America. He had previously been employed (continuously from 1991) by a series of different companies, each of which was acquired or otherwise absorbed by the next, and ultimately became a UPS employee in 2001. Negron participated in the UPS Health Care Plan for Puerto Rico (“the Plan”), established by UPS of America.

In May 2002, Negron was diagnosed with a rare type of brain tumor; on June 27 of that year, he was granted short-term disability leave (and benefits) and stopped working. Medical operations followed and were mostly successful, but Negron soon began to suffer from severe depression–in part, he says, because various comments by co-workers and observations made while visiting the office led him to conclude that UPS-SCS did not want him back.

 
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