Husband is a driver, had a seizure, now what?

Discussion in 'UPS Discussions' started by jbaase, Aug 27, 2007.

  1. jbaase

    jbaase New Member

    My husband has worked at UPS for over 19 years. He worked part time (by choice) until about 3 years ago, when he decided to go driving full time. In April of 2006 he had what appeared to be a seizure at work. He happend to be at the loading dock of a hospital at the time. After a bunch of testing they found no reason for the seizure, but put him on anit-seizure meds. He was put on short-term disability and told he could drive again after 6 months. In August of 2006 he had a second seizure. His neurologist said no more commercial driving ever and anti-seizure meds for the rest of his life. He filed for an accomadation, hoping to get back to work in the building and even offered to go back to part time. They ruled that the ADA doesn't cover seizures and they didn't have to do anything for him. He then filed for long term disability, which isn't paying a whole heck of a lot. He had to apply for Social Security which was denied. He is capable of working another job, just not commercial driving. He was informed the long term disability will end next April now, they will only pay for 2 years, because he was denied Social security.
    So I guess the question is, is he just SOL? They won't let him drive, but they won't let him do anything else. Does he just have to walk away from a 19 year job with nothing? Local teamsters seem to be no help. Why will they let someone that loses a license from dui work in the building but not someone with valid medical excuse? Do we have any other options?

    Jamie
  2. Fnix

    Fnix Member

    Well if he has a seizure at work or driving to/from work he could get killed or kill someone else as well.

    I know what you mean about people with DUI's. I know a few. But they wont all the sudden black out. UPS is scared your husband could get hurt on the job and then they would be sued.
  3. browned_out

    browned_out Member

    :sad: I'm only guessing, but it maybe that UPS doesn't see this as a job related issue. I agree with you that after 19 years they should be more
    accommadating
    , but this is UPS and they have been know to throw good people under the truck from time to time.
  4. sendagain

    sendagain New Member

    We had a driver that had an aneurism which required surgery and anti-seizure meds. He wasn't allowed to go back to driving but they gave him a job working the customer counter.
  5. hdkappler

    hdkappler New Member

    jbse go talk to a lawyer see what they can do.as far as the union even before i retired the union was useless as far as sickness and injuries.
  6. disneyworld

    disneyworld Active Member

    I know of a former driver in a similar position who now works nights inside the building.
  7. traveler

    traveler Where next? Venice

    My suggestion is to first tackle the problem of Social Security disability. Get a good attorney who has dealt with this system successfully. It is quite difficult to get Social Security disability but this should not stop you from making every legal attempt to force them to honor this claim. The system is not funded well enough to pay long term disability so they try to deny every claim. A good attorney will cost you but I believe it is a good investment. It's a one time cost up front for a lifetime of benefits. Once this is accomplished you may well want to use the same attorney to work with the company to secure a position that doesn't entail driving.
  8. hockey717

    hockey717 Guest

    there was just a class action lawsuit handed down on july 17 2007 for this reason a federal judge ruled against ups for not accommodating people this case is just getting started you can check out the details by clicking on the links section in the left upper corner of this site, once you get there click on the web page for the national alleigeance brown retirees ,better known as naber on the front page it gives you the decision and the names and numbers of the law firm to contact.hopefully this will help and maybe get your husband back to work.
  9. hockey717

    hockey717 Guest

    sorry the web site for the law suit is now wienand and bagin .com this is one of the law firms handeling the class action the judges decision is posted there plus contact info.
  10. Johney

    Johney The few the proud the overallowed

    This is the best and only advice you should be listening to.
  11. We have a driver in our center that is unable to drive because he now has seizures and is on medication. They have given him a job washing package cars and working on the preload he has been doing this for about 10 years.
  12. dammor

    dammor Active Member

    You should fight it. Many people work on the inside that for one reason or another are unable to drive. He's been there too long to get thrown out. Get a lawyer and fight it.
  13. happybob

    happybob Feeders

    Please read the contract. Especially Article 20, Section 4. Disqualified Driver-Alternative work. You will find that the company is required to accommodate your husband. Contact your local union again and ask them why the company is not complying with Article 20. Should the company continue to violate Art 20 then you should contact the law firm handleing the Class Suit against UPS for disibility discrimination per the Americans with Disibility Act(ADA). Im not sure if Cheryl will allow me to list this firms name. You should also contact the Equal Employment Opportunity Commission in your area. There are many individuals working inside for UPS with the same condition your husband suffers from.
  14. packagestud

    packagestud New Member

    I have a co-worker who also has had two seizures, but he is back driving. I will see if I can't get his input on this discussion.
  15. tHE DEMOCRAT

    tHE DEMOCRAT Guest

    Please read the ADA law. An employer is required to accomodate an employee with or without a reasoable accomodation. Your husband is protected under Article 14 and 22 of the Collective Bargaining Agreement. But the Teamster will not enforce these article's, its some kind of back room deal with the company. I appologize for the one comment of the person saying he may kill or kill someone. These are the kind of mentalities you will run up against during this whole fight. The fact is UPS is required by Federal Law to provide you a job within your medical restrictions. They are demanding a 100% medical realease which in and of itsself is a "VIOLATION" of the ADA (Federal Law). You need to consult with an attorney that handles ADA LAW. As you can tell from the responses most people are extremely limited in their knowledge of both the ADA and their Civil Rights. Pay no attention to what the company says, they have a stead fast rule no-one and I mean no-one goes back to work without a full release. You can also file charge with the EEOC and tell them the company wants a full release from your husband and has told you that your husband is not covered under ADA and let the EEOC determine that. The person who mentioned the case in which a federal judge ruled about the Full Release Policy is right, the EEOC should know about it, the teamsters don't stand behind any medically deficiant person even when the Contract says they will. Good Luck
  16. Brown Derby

    Brown Derby Guest

    ...Im surprised that after 19 years of dues, 19 years of collecting the money that UPS pays to them for benefits, one strike & the initiation fee the Teamsters havent stepped up & retired him at 19 years service.........Good luck !.....
  17. jbaase

    jbaase New Member

    Thank you everyone for your replies. We will start with Article 20, seems like the local teamster guy should have known about it, but he will now. If that doesn't work we will contact a lawyer. I didn't want to spend the money, since there's not much of it lately, if we didn't have a case. It sounds like we're not the only ones that think this is ridiculous treatment of long time employees.
    We have appealled the social security decision, but I still doubt it would ever be approved. He is definitley able to work, just not do commercial driving. If you are able to work a job that pays minimum wage, you will not be approved. My husband has actually started back to school, in case none of this gets worked out, and I think that will also hurt his chances of getting social security.

    Thank you very much.

    Jamie
  18. over9five

    over9five Senior Member

    "...that think this is ridiculous treatment of long time employees."


    He's been here 19 years, this can't surprise him.
  19. 87114

    87114 Guest

    You've posted that tripe before haven't you?

    So that's your *professional* legal opinion? That the ADA *requires* UPS to "accommodate an employee with or without a reasonable accommodation?"

    *Dozens* of courts across the country seem to have the idea that you're FOS.

    We'll go through it one more time so you might get up to speed:

    Whatever job you are trying to fill MUST EXIST - UPS does NOT have to "create" one for you.

    You have to be qualified to fill that position - UPS doesn't have to go to any unreasonable lengths to train or prepare you to fill it.

    And MOST IMPORTANTLY you must be FULLY CAPABLE of performing the functions of that job with REASONABLE ACCOMMODATION. Period. UPS does not have to significantly modify the functions of any job to accommodate you. Period.

    "Reasonable" means, for instance, that if you can perform your driving job provided you wear a knee brace, or perhaps as long as you get lumbar support on your seat - then that is reasonable. But that means you're FULLY capable of performing that job - and that means you'll frequently lift up to 70 lbs, you'll be climbing in and out, you'll frequently be bending, stooping, stretching, etc.

    You get a silly 20 pound lifting restriction and there is NO possibility of you being reasonably accommodated and you're DONE driving.

    But it doesn't end there - you have a dopey 20 pound lifting restriction and you're pretty much done with ANY job at UPS. Fundamental job requirements of every hourly job I can think of off hand require lifting more than that.

    Plenty of legal precedent on that. All over - not just with UPS.

    Hopefully nobody takes your amateur legal advice seriously.
  20. happybob

    happybob Feeders

    Your husband will have a time limit in filing charges with the EEOC. DO NOT delay in filing these charges. They will do an investigation and will, I have no doubt, find in your husbands favor. You will not need a lawyer, but be sure to mention at the EEOC about the companies 100% medical release policy. This is one of the keys in the ongoing litigation against them in Federal Court. Also tell him to be sure it's included in his charges that the company policies affect many other employees. You don't need to wait for the Teamsters to take action, and you would be smart not to wait for them, since I have run up against them already and they rulled in the company favor. Good luck
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