Workers Comp and TAW revisited - Possibility of TAW extension?

Discussion in 'UPS Discussions' started by HBGPreloader, Oct 18, 2016.

  1. HBGPreloader

    HBGPreloader Active Member

    I have been dealing with a work related injury for several months now.

    To try to make a long story short, the doctor finally cleared me for work with no more weight restrictions. However, I can only work for up to 4 hours a day.

    While recovering, I used up all of my TAW days. And, (upper) management states the 4 hours is still a restriction. So, even though my manager and I had things worked out, they don't want me back until the doctor releases me without any restrictions.

    Naturally, management and the insurance company want me to ask the doctor for a full release. My reply to them was the doctor would not have limited my hours if he felt I could handle it. Needless to say, that did not go over well.

    I've heard rumors of and read stories, here, about getting a union approved extension to TAW.
    So, is there a special procedure in order to make a request and get such a request approved?

    Thanks in advance for any input.
     
  2. The only thing that I know is if you work more than 30 days on TWA they have to make it a permanent job
     
  3. HBGPreloader

    HBGPreloader Active Member

    Like the extension, that's what I keep hearing. But, I cannot find reference to any type of limits in time in the national agreement or the local supplement. The local supplement only references the national agreement.
     
  4. Food luck my friend. Wish I could be more helpful. Heal up soon....we need you for peak:-)
     
  5. bleedinbrown58

    bleedinbrown58 ahhh....the mouth breathers

    Limiting PTers to 4 hours a day on TAW is craaaaap. They will tell you that to intimidate you...but I got hurt at the beginning of peak and spent a December on TAW a few years ago....and had all the OT I could choke on.
    As far as extending TAW past 30 days...I doubt it. If you can't return to work without restrictions you will probably have to go out on comp.
     
  6. HBGPreloader

    HBGPreloader Active Member

    Thanks for the kind words.
    From what my drivers told me, they need me now! :)
     
  7. Just make sure you are completely healed up before you come back
     
  8. HBGPreloader

    HBGPreloader Active Member

    I've been out of work, collecting WC for a while and looking to return.

    The 4 hour limitation is what my doctor imposed. They want me back without restrictions. But, upper management supposedly will settle for a 5 hour restriction.
     
  9. HBGPreloader

    HBGPreloader Active Member

    Therein lies the issue and the reason why I'm not willing to give up the 4 hour restriction.
    Unfortunately, I'm not 100% yet, which is the reason for the restrictions.
    And, I may never be 100%, even with surgery :(
     
  10. Do this job for enough years and those injuries never go away
     
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  11. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Your mgt team is correct---the "4 hours only" is a restriction that they are unwilling to accommodate.
     
  12. Mugarolla

    Mugarolla Light 'em up!

    If UPS won't accept a 4 hour restriction, to hell with them. Sit at home collecting their "free" money while you heal to 100% and then come back.

    This is on them, not you. Apparently, they don't need you that bad to keep paying you to sit at home.
     
  13. hellfire

    hellfire no one considers UPS people."real" Teamsters.-BUG

    Call a lawyer and watch, amazed, how the rules change
     
  14. bleedinbrown58

    bleedinbrown58 ahhh....the mouth breathers

    Call an attorney or stay out on comp until you can return to work without restrictions.
     
  15. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    ...or save the money and simply stay out until you are fully cleared...
     
  16. HBGPreloader

    HBGPreloader Active Member

    Thanks again for the input, People.

    Since I've been laid up for all of my scheduled vacations, I'm using this time to catch up on some projects I couldn't do with my restrictions.

    I would, however, like to return to work soon to see if I'm recovered. And, if not, make a decision on the next step in my recovery.

    I've been consulting with a couple of attorneys and they advised me that I don't need them - yet. But, they will be more than happy to represent me if or when I do need them.

    One thing I can say for certain is being stuck at home for an extended period can really stink!

    Cheers!
     
  17. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    You cannot return to work until you are fully cleared. There is nothing any lawyer can do for you. Now, if you are cleared and they deny you work, you would have basis for a grievance.

    Why do people run to see a lawyer over the most trivial issues?
     
  18. HBGPreloader

    HBGPreloader Active Member

    There are many reasons to consult with an attorney.
    I mainly spoke with them and asked questions to confirm my suspicions and ensure UPS or the insurance co wasn't trying to (CENSORED) me - like, recently, when the insurance co wanted a nurse case manager to sit in on my most recent exam and speak to my doctor.
    The insurance co said it would be in on the exam to ensure I am receiving the best possible care for my injury - HA!
     
  19. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    The nurse manager was there on the company's behalf, not yours.
     
  20. HBGPreloader

    HBGPreloader Active Member

    Exactly.

    She claimed that I cannot deny her access to sit in on my exam or speak with my doctor - both lies - which I assumed and confirmed with the attorneys.

    The attorneys also strongly recommended that I asserted my patient/physician privilege and rescind any releases and/or disclosures that I may have signed off on or approved when completing any (admission) paperwork. I did cover most of my rights correctly when I completed the paperwork, but there was one form I screwed up on. And, this consultation covered that.

    There were a few other issues in which they advised and helped me out with - at no cost. But, I'm not at liberty to discuss them here.