With no explanation, chose the best option from "A", "B", "C" or "D". to the “Special Investigations Unit” and HUB Enterprises, Inc., another company with whom Defendant had strong financial ties, to conduct an investigation. While the Court recognizes that “there is nothing procedurally improper about the úse of surveillance,” an IME or FCE would have yielded to a more complete assessment of Plaintiffs capacity and limitations. See Salomaa, 642 F.3d at 676 (“An insurance company may choose to avoid an independent medical examination because of the risk that the physicians it employs may conclude that the claimant is entitled to benefits.”) Here, the fact that a video surveillance was conducted in lieu of an IME raises legitimate questions concerning the thoroughness of the investigation. Calvert v. Firstar Fin., Inc., 409 F.3d 286, 295 (6th Cir. 2005) (<HOLDING>). In -view of Defendant’s conflict of interest,

A: holding that the failure to raise an issue in the opening brief waives the issue
B: recognizing that language approved by the court may raise questions if incorporated in a jury instruction in a case with different facts
C: holding that vindictive prosecution claims in civil forfeiture proceeding may raise due process questions
D: holding that the failure to conduct a physical examination may in some cases raise questions about the thoroughness and accuracy of the benefits determination
D.