Former UPS worker awarded $2.63 million

Discussion in 'The Latest UPS Headlines' started by cheryl, Sep 16, 2008.

  1. cheryl

    cheryl I started this. Staff Member

    Former UPS worker awarded $2.63 million - Kansas City Star

    An employee for 18 years with United Parcel Service, Keith Jones lost his job as a package car driver after he suffered a shoulder injury and sought workers’ compensation.

    Jones had a history of work-related injuries and workers’ comp claims. After his October 2003 injury, Jones claimed his immediate supervisor asked him if he “knew what work comp fraud was” and said he was harassed by other UPS supervisors.
  2. Joseph Grimm

    Joseph Grimm Member

    I am amazed that UPS does not settle these cases before they make it to trial. A trial by peers, does not usually include people who think like UPS Management. When I try to explain how a facet of UPS works, most people just do not get it. Heck, I've been there for 18+ years and I try but still don't get it.
    The reason UPS Management gives people a miserable time when they are hurt or injured on the job-Because They Can!
  3. Somehow this is my first time on the cafe'. I don't know how this site works or why I haven't surfed it a long time ago. My guess is it's UPS related and I try everything in my power to void myself from that company when I'm not there. I did notice the user name is a default "anonymous coward" which I find hilarious because so many - at least at my center - are just that and it makes me freakin' sick. I, however, am as vocal on my views as you will ever meet, but I am not attaching my name to any posts here just yet. Not for fear, but for litigation purposes, which is why I'm writing a reply to this article.

    Today I received a call from my BA telling me about this story. He made it a point to tell me of it because it hits home with me. I've been off work due to an on the job injury for years now. One of their doctors claimed I was ok to return to my job without restrictions, but my doctors said no at that time (with no restrictions that is). Then both of my doctors eventually released me without restrictions - a very long time ago - only to have UPS's other doctor tell me I couldn't go back to work. I'm not going to go into details here, but I've been trying like hell to find an attorney - or group of - to represent me but it's been an uphill battle as it is a very specialized field of law and requires a lot of money from me of which I do not have since I have not collected a freakin' cent in years now. My savings is gone, my car, and most of my possessions as well as my credit is totally ruined now due to this.

    I have an attorney looking into my case as we speak and guess what people, this isn't the first case of UPS he himself has had concerning the same ordeal. This is a pattern by UPS that needs to stop. I can not be happier for that guy getting over on that God foresaken self righteous company. I don have a question though for anyone out there that can help me. Does anyone know how I can get a hold of those attorneys that represented this guy or any other labor/union attorney that has the sack to go after big companies without reserve. Any helpful information any of you out there can send me - even if it's testimonials on other like case of mine - I would be so grateful for. Anything, anything at all - even suggestions. Thank you.

    As MitEman said it, you can not explain the igorance UPS illustrates on a daily basis to those who do not work there. I've been there 22 years and like to say I've heard it all and seen it all with this company only for them to turn around and outdo themselves yet again. I like the job, but the company is the most miserable place to work by their own hands. They literally go out of their way to make it miserable for you. They take every single good thing about the job and dip it in :censored2::censored2::censored2::censored2:. I hate them more than words can say.
  4. sortaisle

    sortaisle Livin the cardboard dream

    I don't know...I mean if you have an extensive history of being injured, and believe me it's really easy to get hurt at UPS I can see management trying to get rid of a problem child. Buy this guy must have really :censored2: them off to get them to claim workers comp fraud. Then again, I don't have all the facts, so he could be right to get his claim.
  5. beatupbrown

    beatupbrown Member

    I see where the thread went now. I am wonder how many folks who get hurt that are coerced into making decisions later in life that they will regret .I am convinced that there are hundered if not thousands of hard working UPS folks who get lied too by company quacks that cause serious bodily harm and can no longer work at any job and are put on the taxpayers for care. UPS should stand up and take care of these folks .They fight all serious cease because it is money thing .I was on of these unfortunate ones that my body was damaged to the point of no longer being able to do any job making just above poverty .I take heavy doses of pain meds just to make it through the day.
    We need a permanent post on this matter for the many folks who get a serous injury an get lied too by UPS.
    You feel very lonely when this happens to you UPS makes you fell like you are they only one that needs serious help with there injury with money and other matters. They will drag the case out as long as possible to starve you unto making poor choices for you and your family
    I see one case that may get justice but of course UPS will fight this to the bitter end even when they know they are in wrong. For this one case there are many many cases where there is no justice for the hard working UPS folks who get into this horrible nightmare.
  6. I would like too know how many calories we ( UPS DRIVERS ) burn a day. Just even getting in and out of a truck 130 times a day. Plus are heart rate up and down then up. That can't be good.

    Another thing I don't understand UPS charges by the weight. They have numbers on every little thing we do. Every thing but weight. How come no one ever brings this up.

    Except how much weight we lift in a day we should get bonus if we do over a certain amount of weight.
    What is too much weight for a person too lift in a day.
    Last edited: Nov 18, 2008
  7. trickpony1

    trickpony1 Well-Known Member

    As you know, every package in your package car has a label with a big bar code on it. Encrypted in that bar code is information such as shipper name, consignee name, weight, shipping costs, etc.
    I don't claim to be a computer whiz but I do know that any single alphanumeric field, such as weight, can be singled out and printed.
    I'll let you guess why the company won't do this.
  8. intent to term

    intent to term New Member

    Pretty good chance this guy wasn't your model driver. There is a lot of danger involved with our jobs, but it has to make you suspicious that he had a history of not only getting hurt but also collecting workers comp.
  9. steakmaker

    steakmaker ride like you stole it

    Good for him! I hope he gets his job back too !
    Last edited: Dec 1, 2008
  10. gandydancer

    gandydancer New Member

    The article is no longer available free, but some relevant legal decisions are: (and maybe more -- I don't claim to have made an exhaustive search). What's most interesting to me is what happened to the Third Doctor Procedure contained in the National Master, Article 20:

    "Section 3. Third Doctor Procedure The Employer reserves the right to select its own medical examiner or doctor and the Union may, if it believes an injustice has been done an employee, have said employee re-examined at the employee?s expense. If the two (2) doctors disagree, the Employer and the Union shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision shall be final and binding on the Employer, the Union and the employee. Neither the Employer nor the Union will attempt to circumvent the decision of the third (3rd) doctor and the expense of the third doctor shall
    be equally divided between the Employer and the Union."

    Let's see what happens:

    "On February 9, 2004, Dr. Legler[[second company doctor]] examined plaintiff. Plaintiff gave Dr. Legler a copy of the release from Dr. Poppa[[plaintiff's doctor]], but did not discuss with Dr. Legler the results from the FCEs in November and December or Dr. Stechschulte’s [[1st UPS's doctor]] permanent restrictions. Dr. Legler gave plaintiff a work status report which released him to return to work. That same day, Monica Sloan, Kansas District Occupational Health Manager for UPS, contacted Dr. Legler about the work status report. Sloan asked Dr. Legler if he knew that Dr. Stechschulte had placed permanent lifting restrictions on plaintiff. Dr. Legler changed his recommendation and imposed a restriction of “20 lb. overhead lift limit per ortho.” Exhibit Y to Defendant’s Memorandum
    (Doc. #89). At the time Dr. Legler spoke with Sloan, and when he revised his recommendation, he did not have a copy of plaintiff’s records from Dr. Stechschulte. Based on these restrictions, however, defendant again refused to let plaintiff return to work."

    So, the company doctor says he can't work, his doctor says he can, another company doctor says he can but when UPS tells him that's the wrong decision, he gets back in line.

    Now it gets interesting:

    On May 21, 2004, Dr. Buck examined plaintiff. Dr. Buck’s report states in part as follows:
    Upon examination patient was noted to be a well-developed male with what appeared to be full range of motion on abduction, abduction [sic], and forward flexion. His grip strength: is essentially normal in positions 2 and 3 with 3 efforts each averaging respectively: 2 positions 121.6 lbs. and 3 position 103.3 lbs. This examination was performed on a non-replicating examination without extrapolation over a 9.5 hour day which would alter the above findings. * * *

    It should be noted that this employee is carrying restrictions which are permanent of no lifting overhead greater than 20 lbs., maximum 45 lb. chest the [sic] shoulder lift with left upper extremity. These are provided by the orthopedic specialist, Dr. Stechschulte. To substantiate and support the previously noted restrictions was a Functional Capacity Examination performed by Bob Mitchell, PT, on Mr. Jones, dated 12/4/03. It is Mr. Mitchell’s opinion that although the patient with [sic] the ability to perform work in a heavy classification according to the United States for Labor [sic], it does not meet the essential functions of a package car driver UPS, as the job has been previously noted, I would concur with this statement per the findings of the Functional Capacity Examination.

    Per the material provided including medical records from Dr. Stechschulte office notes, Dr. Gary Legler’s clinic notes . . ., and the Functional Capacity Examination from Spine Extremity Rehabilitation Center, and Essential Job Functions provided by UPS as a basis for my determination. It is my professional medical opinion that the job essentials its [sic]
    UPS are beyond the scope of this client’s permanent restrictions and results provided by the Functional Capacity Examination.
    .. Dr. Buck did not perform an FCE because Sloan advised him that one had been performed in December of 2003, that defendant would not pay for another one and that Sloan did not believe another FCE was necessary. Dr. Buck testified that Sloan told him that the union and UPS agreed that he was to base his opinion on plaintiff’s medical records, not on his examination. Dr. Buck also testified that even if he had ordered an FCE, the results would not be sufficient to alter Dr. Stechschulte’s prior lifting restrictions because with Dr. Stechschulte’s expertise and credentials, his restrictions superseded Dr. Buck’s opinion. Defendant therefore again refused to let plaintiff return to work."

    Got that? "Dr. Buck did not perform an FCE because Sloan [[Monica Sloan, Kansas District Occupational Health Manager for UPS]] advised him that one had been performed in December of 2003, that defendant [[UPS!]] would not pay for another one and that Sloan did not believe another FCE was necessary. Dr. Buck testified that Sloan told him that the union and UPS agreed that he was to base his opinion on plaintiff’s medical records, not on his eamination" And this clown whose whole purpose for being involved is to provide an independent third opinion is getting his instructions from UPS, not ordering tests that UPS doesn't want to pay (half - the contracts says costs are split between UPS and union) for, and says he wouldn't dream of second-guessing the eminent company doctor. Tilt!

    Last edited: Dec 6, 2008
  11. NipTuckJohnny

    NipTuckJohnny New Member

    I work in the Safety Dept.

    While i'm sure there are legitimate claims, an overwhelming number of the "injuries" sorts incur, come from the same 80% of people.

    Jones had a history of work-related injuries and workers’ comp claims:

    I understand the Union mentality of "sticking it to the man" and standing by your brother, but someone like this is only hurtings the company (that pays your salary and mine). Instinct tells me this is someone who was milking the system.

    Some people would rather be sitting at home collecting 60% of their pay rather than going out into the world and earning it. I'm not sure why you folks are applauding his settlement, this is coming out of "our" pockets. Be proud of who you are, and what you do. We're UPSers.