Need some advice please

Discussion in 'UPS Union Issues' started by ScottieK, Dec 10, 2011.

  1. ScottieK

    ScottieK New Member

    okay lets start with some background... first of all I've been at UPS for just over two years now as a preloader.

    Around October of last year, I dislocated my knee playing basketball and had the accompanying contusion and ligament sprains, etc. Nothing to serious, I was out a week or two, then came back to work. I have been able to work without incident ever since just using a simple knee brace. Outside of work though it has been giving me problems, like giving out when I put torque on it, so I went to an Orthopedic Surgeon to get a diagnosis. It turns out since the original injury, I have torn my ACL and Meniscus and will need surgery to repair it.

    This doctor's appointment was back in March. Due to schooling reasons though, I transferred to a new center in May. I told the sups at the new center about the impending surgery right when I started. I now have set a date for the surgery, December 23rd, and kept management informed the whole way.

    My question is should I file for disability or workman's comp? (not sure which one applies) I don't have an specific on the job injury or date to point back to. BUT, I do have the X-rays and doctor's write up from the original injury saying there was no ligament damage at the time, and an MRI from March that shows the ACL and meniscus tear, implying that the damage is not due to the off the job incident.

    What may complicate it even more, is the period of time in which the tears occurred (Nov 10'-March 11') I was at working my old center, but will be filing for Worker's comp at my new one.

    I guess what I'm asking is, Do I have a case? or should I just get the surgery and enjoy my 4 months of not having to wake up at 3AM?

    Thanks

    P.S. I am pretty ignorant on our disability/W.C policy actually so if someone can shed some light on what I could even expect from Disability, I would appreciate it.
     
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Since the injury took place while you were not working it would be disability. My only concern is the time frame between the original injury and your surgery date. I think you have to file for disability within a year of the date of injury but I am not 100% sure.

    I'm surprised your mgt team didn't give you a hard time about scheduling surgery on the last day of Peak.
     
  3. Inthegame

    Inthegame Well-Known Member

    If you did not report the ACL/meniscus tear as an on the job injury I would think a comp claim will be denied. Looks like it will be a disability claim.
     
  4. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Then why do you try to dispense locker room advice....?



    -Bug-
     
  5. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    The Brown Cafe is the virtual UPS Locker Room ... without the smell!
     
  6. texan

    texan Well-Known Member


    Yes sir, how true.
     
  7. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    I thought Hoaxster had an avatar that reflected his true being....

    I Wanna be a Cowboy Spoof - YouTube



    -Bug-