need advice asap

Discussion in 'UPS Union Issues' started by bubbatyrone, Aug 9, 2011.

  1. bubbatyrone

    bubbatyrone New Member

    First of all, driver has been with UPS 20+ years. Great record. Had knee replacement. Needs other knee done too. (UPS knows this!) Needed to be done 10 years ago, held off as long as he could. All have been documented by SEVERAl doctors. Anyway, told UPS last month (dr. wrote a letter) that he needed an automatic truck prior to returning to work. He is supposed to come back next week. UPS called today and told him that it couldn't happen on his route. A woman at the same center had the same surgery and an automatic was waiting for her when she came back. He doesn't know what to do. He wants to return to work, but physically, without the truck it is impossible. Even with the truck, it will be difficult, but he wants to support his family.
    What are his options? He did not file workman's comp. He's living off disability right now...and it isn't much! Anyone have any suggestions? What do do from here? He doesn't want trouble with the company, he just wants to go back to work. After the 2nd knee surgery, he probably could get disability, but he doesn't want that either. He is almost to 25 years, but really wants 30.
  2. bottomups

    bottomups Bad Moon Risen'

    Laws are different in various areas of the country.
    In WI, driver would most likely be out of luck. Had it been a workers compensation claim, UPS might have accommodated his RTW restrictions to save on TTD payments. They will not take us back to work under non-work related injuries unless we are returned unrestricted.
    Since there is a past practice accommodation with another employee under the same circumstances, maybe that would be the place to start your battle. Contact your BA or a workers compensation lawyer in your area.
    Good Luck! You will need it.
  3. Dagoof

    Dagoof Member

    It should fall under the ADA laws. Americans With Disabilities Act. Should be able to get a form from UPS that the doctor would fill out. You might be able to find one online to print.
  4. grgrcr88

    grgrcr88 No It's not green grocer!

    ADA will not help you. The company does not have to accommodate someones restrictions. If they do they are opening a can of worms for every person that claims their knee hurts or ankle hurts etc.
  5. bubbatyrone

    bubbatyrone New Member

    Do you think he would be able to get total disability then?
  6. grgrcr88

    grgrcr88 No It's not green grocer!

    No, you don't get full disability unless your fully disabled, not because you can't do a certain job. He could possibly get a small disability amount from social security, but will not get anything from UPS, he will just have to work at rehab until he can return without restrictions.
  7. MC4YOU2

    MC4YOU2 Yep, not wearing brown anymore

    In some instances he would be eligible for medical retirement through his pension plan. I know of a driver who had double knee replacement and got an early retirement. It was not a full retirement though, something like 2/3 or so. Good luck on this, whichever way he goes will be a challenge.
  8. iamupser

    iamupser I'm Institutionized

    A temporary injury would not qualify under the ADA, however if he has a permanent disability and can do every other aspect of his job, he should qualify for a reasonable accommodation.

    Tell him to send a letter to HR with his accommodation request and they will send him back a packet to have his doctor fill out. If they don't he should follow up with the EEOC IMO.
  9. menotyou

    menotyou bella amicizia

    I am not trying to be rude here, but this is why you file an accident report- even if you do not have an exact date. You do not need an exact date. I feel terrible for the driver. I can so feel his pain. I would use my UPS benny for a lawyer and get his opinion. I do not see much wiggle room, EXCEPT discrimination based on what the female driver got when she came back to work. Or, FMLA until new bids happen.
  10. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Hindsight is always 20/20 but this clearly should have been a comp case. You do not need a specific injury date for comp. Disability does not pay the bills.

    I do hope the company does the right thing and accomodates this driver.
  11. bubbatyrone

    bubbatyrone New Member

    I hope for his sake they do too. He has another knee to be replaced. It can be done at any time. Should have been done years ago. We will see. What's even better..he tried to get some money out of his 401K to supplement his income as he had put away some in there...and they wouldn't let him. He's lost almost 20,000 this far. Who knows what is going to happen right now. His disability payments are 446 a week, but he has to send money back to UPS every month.
  12. Bubblehead

    Bubblehead My Senior Picture

    Tell him to file for unemployement in conjunction with short term disability.
    That might change the companys mind.
  13. menotyou

    menotyou bella amicizia

    Why wasn't an injury report ever filed? If I may ask. I don't want to push here. Just curious. As I saiid before, have him contact an attorney about the discrimination per the female driver being given an automatic and he can't have one. Too bad he didn't work at my center. They replaced all the vehicles with automatics after the Attorney General investigation into red tags and broken frames.