Work Injury

UPSGUY72

Well-Known Member
I went to a walk-in and they denied my insurance, will not take, and UPS denied it was a work injury so they would not cover it. That was one of the UPS approved doctors. Is that what you are saying?

First thing Monday you need to go right over your SUP. Call his boss or your HR rep and start to get results. You might also want to contact a Workman comp attorney and see what your options are. They will tell you your right and what you need to do and it isn't going to cost you anything for a consultation. You could also call your state workman comp office and file a complaint.
 

UnconTROLLed

perfection
First thing Monday you need to go right over your SUP. Call his boss or your HR rep and start to get results. You might also want to contact a Workman comp attorney and see what your options are. They will tell you your right and what you need to do and it isn't going to cost you anything for a consultation. You could also call your state workman comp office and file a complaint.

Yeah, there is no other option other than the pissing contest. The company made it clear my only option was to return to work after my doctor clears me 100%, and the co doctor does the same. No comp, no light duty.
 

menotyou

bella amicizia
I would be very busy Monday, if I were you. In NY, you can go to any doctor. Like UPSGUY72 says, call number on back of card. If you can't find your card, call your union hall Monday morning at 9am and ask for your BA. Tell him what is going on and before you hang up, get the number to the benefit fund. They will have the number on the back of your card, or can help with doctor names. Google knee doctors in your area. Calling your state comp board is a great idea. They should be able to tell you the doctors in your area that are board certified and can help you. And file a complaint. You could go to the emergency room and tell them its work related. They should be able to give you a referral, also. You want a referral for a specialist.
 
id say get a lawyer and,,,fast! ive dealt with the were not liable line of b.s. as long as you dont have a lawyer they will do everything they can to screw you over. been there...regretfully experienced that. havnt had any pay issues since having a great comp lawyer.
 

UPSGUY72

Well-Known Member
Yeah, there is no other option other than the pissing contest. The company made it clear my only option was to return to work after my doctor clears me 100%, and the co doctor does the same. No comp, no light duty.

I would call it a other form of intimidation. They don't let you file a claim then let you come back to work your get hurt again and then they say was a previous injury not from work. CYA
 

menotyou

bella amicizia
Yeah, there is no other option other than the pissing contest. The company made it clear my only option was to return to work after my doctor clears me 100%, and the co doctor does the same. No comp, no light duty.
There is no note taking you out. How do they get around that? Either way, once you get clearance form your doctor, start grieving your time. They will probably drag their feet on co dr visit. I have never had to be cleared by their doctor before returning to work. Just mine. Granted, only been through it once.

They are really being piss ants with you. Sorry to hear that. Its not fun, I know. I REALLY hope karma is true.
 
its called chondro malacia when u can feel bone on bone rubbing. i have this in my hip now frm 9 years of service . although a severe "aching" pain is most likely caused by a torn labrum .which i also had , but was arthroscopically repaired in nov '10. i would suggest getting more testing done. your situation sounds so much like my own ....
 

UnconTROLLed

perfection
its called chondro malacia when u can feel bone on bone rubbing. i have this in my hip now frm 9 years of service . although a severe "aching" pain is most likely caused by a torn labrum .which i also had , but was arthroscopically repaired in nov '10. i would suggest getting more testing done. your situation sounds so much like my own ....

it feels like the very painful footache cramp, in my knee, on occasion! Then it is less painful but very sore, tender and "pops" or "crackles" for several days to a week. Petallafemoral is what my doc diagnosed it as.
 

menotyou

bella amicizia
Chondromalacia Patella (Patellofemoral syndrome). Just googled it. Call your state comp board Monday morning and file a complaint. Call your doctor back and make sure he understands this is work related. Get a referral to a specialist. If your doctor isn't one. MAKE SURE HE UNDERSTANDS YOUR SITUATION AT WORK. Your job is in jeopardy. You are just trying to get your ducks in a row. I don't see why he wouldn't work with you. He probably knows its work related, you guys just didn't discuss it. You don't want your insurance to pay for this because UPS will/is using that to their benefit to deny you coverage.
www.patellafemoralsyndrome.org
 

pretzel_man

Well-Known Member
Yeah, there is no other option other than the pissing contest. The company made it clear my only option was to return to work after my doctor clears me 100%, and the co doctor does the same. No comp, no light duty.

I would call it a other form of intimidation. They don't let you file a claim then let you come back to work your get hurt again and then they say was a previous injury not from work. CYA

I guess I don't understand....

If you own doctor said you can go to work with no restrictions, why is this UPS' form of intimidation???

I am not doubting your story. Not at all.

But I believe the right thing to do is have your doctor say that you cannot go back to being a driver right now and that in his opinion its work related.

Isn't that the reasonable first step???
 

menotyou

bella amicizia
Its intimidation, in my opinion, because they are not allowing him to work or file an accident report, yet the company doctor has removed him from service, even though, his doctor just says therapy is needed. He does need to get clarification from his doctor. Immediately.
If you google his condition, it is from repetitive lifting and bending. That is the nature of the job. They are denying his injury is work related.
My injury was in '07. Three weeks ago, I had to see a "company doctor" to make sure it was work related. Talk about a waste. The court has decided(in 2008)it is work related, yet UPS is still trying to prove it might not be. 8 different doctors, not counting my own. All say the same thing.
 

UnconTROLLed

perfection
I guess I don't understand....

If you own doctor said you can go to work with no restrictions, why is this UPS' form of intimidation???

I am not doubting your story. Not at all.

But I believe the right thing to do is have your doctor say that you cannot go back to being a driver right now and that in his opinion its work related.

Isn't that the reasonable first step???

Yeah Pretzel, you missed part of it.

My doctor never confirmed or denied any lost time. He did not say " you are clear to work" and did not say " you should miss work". I never mentioned work, or out of work injuries. I just asked him what the issue is and how to go about righting it.
 

pretzel_man

Well-Known Member
Yeah Pretzel, you missed part of it.

My doctor never confirmed or denied any lost time. He did not say " you are clear to work" and did not say " you should miss work". I never mentioned work, or out of work injuries. I just asked him what the issue is and how to go about righting it.

It seems to me from UPS' point of view, you are cleared to work with no restrictions?

I still think the correct step is to have your doctor place you on work restrictions and say that he believes it to be work related.

I'm surprised he didn't do that already? They are used to these kinds of things.

With your doctor saying this is a WC case, you will be way ahead of the game I would think.
 

bottomups

Bad Moon Risen'
Sleve, fill out & submit the FMLA form to cover your backside. In my area, we must do so for both work & non work related leave. In doing so you are not giving up your right to pursue the injury as work related.

From my personal experience, occupational injuries are much more difficult to prove than an acute one. UPS & Liberty Mutual will fight these alot more aggressively. Choose an MD wisely! All will help you heal. Most do not want to take on the fight to prove as work related!
 

dannyboy

From the promised LAND
Menotyou
UPS has to pay OSHA $18,000 for every lost time accident in our building
Would you care to elaborate as to why UPS pays OSHA each time?

Sleeve

Laws vary from state to state. So many times information given to you is based on that posters state, which may be very different from yours. You need to get pertinent advice. From a legal source. Not saying you need to hire him to represent you, just a short office visit for information. Usually costs $50-$75 bucks.

Also, while some states do allow you to go to your family doc, others require you to go to one of the listed panel docs for work related injuries. Again, that varries from state to state.

Then, as Pman stated, your doc has really not said you have a work restricting problem, just that it could possibly be work related. Big difference. Without the work restriction, you need to be at work in UPS's eyes.

d
 

dannyboy

From the promised LAND
Pm an

It is my understanding that this problem is not due to a one time occurrence. In other words, there was not something that started in an instant due to something the driver was doing at the time. So the only way it could be workers comp would be to link it to the former injury that was workers comp. And the most family docs do not have the special training in those fields to make that determination.

But he could recommend a specialist that would be.

d
 

Braveheart

Well-Known Member
I would be in a lawyer's office 1st thing Monday morning. You can check on the quality of a lawyer at Martindale-Hubbell on the internet. You want an AV rated 5.0 lawyer who has the highest integrity, unlike the lack of it you get from UPS.

Ask the lawyer what to do. Hopefully you will get to hammer UPS with Dept of Labor, OSHA, Dept of Worker's Comp, Dept of Insurance, etc etc
UPS is trying to cast all of us to the curb in any disgusting way that they can think of.

I have seen more than one driver go through this and those who could take the long fight to them usually win. Good luck!
 

menotyou

bella amicizia
Sleeve-I don't know why my building has to pay $18,000 for a lost time injury. I just know they do. I believe it was an OSHA settlement of some kind. My center manager is constantly bitching about it.
Dannyboy- my injury was a repetitive motion type injury and is worker's comp. "exaggerated posture" and working as directed is what caused mine. Sleeve's injury is from repetitive lifting and bending. That should be covered.
 

UnconTROLLed

perfection
Sleeve-I don't know why my building has to pay $18,000 for a lost time injury. I just know they do. I believe it was an OSHA settlement of some kind. My center manager is constantly bitching about it.
Dannyboy- my injury was a repetitive motion type injury and is worker's comp. "exaggerated posture" and working as directed is what caused mine. Sleeve's injury is from repetitive lifting and bending. That should be covered.

I think it is the same here also regarding DART injuries. Similar to all ctr accidents being $10k or 30k? (forget the exact #) for insurance purposes, even a fender bender. Correct me if I am wrong.
 

UnconTROLLed

perfection
Pm an

It is my understanding that this problem is not due to a one time occurrence. In other words, there was not something that started in an instant due to something the driver was doing at the time. So the only way it could be workers comp would be to link it to the former injury that was workers comp. And the most family docs do not have the special training in those fields to make that determination.

But he could recommend a specialist that would be.

d

So what you are saying is that in your experience, repetitive motion injuries are not covered under WC? Interesting, not saying you are wrong, but it does not really make sense.
 
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