ADA Help!

[Living on the EDD]

Hi all I recently finished rehab from my second back surgery in 12 months for another herniated disc. Doctor says I have reached Maximum medical improvement so Liberty mutual have stopped sending checks. I have been given restrictions of no lifting more than 115lbs and no push/pulling more than 130lbs and management wont allow me to come back yet they wont fire me, just have made me inactive. I have contacted ADA and they are sending me a packet to fill out and my union rep doesn't seem to be real confident in what hes doing or how he can help. Heres the kicker because Ive been on workers comp for last 6 months recovering I dont qualify to collect unemployment or disability to feed my family while this whole fiasco plays out. Any advice on strategy would be appreciated. I also went and got my cdl while ive been off in the hope maybe feeders might become an option. Their reason for not letting me back is I will be required to pull or push more than 130lbs on a hand truck being a package car driver. Such BS

 

[IVE GOTTA PACKAGE 4U]

A dolly to connect a set of doubles weighs a lot more than 130 pounds

 

[Big Arrow Down...D]

Restrictions on maximum improvement should have no weight limit, have that changed if you could and go back to work.

 

[over9five]

. Their reason for not letting me back is I will be required to pull or push more than 130lbs on a hand truck being a package car driver. Such BS

And in Feeders you'll have to be able to pull or push a 1200 lb dolly....

 

[cosmo1]

And in Feeders you'll have to be able to pull or push a 1200 lb dolly....

Yeah, but they roll easy, don't they?

 

[over9five]

Yeah, but they roll easy, don't they?

Yes, downhill...

 

[Rick Ross]

Some of the landing gear might give you problems as well. Seems like about 10% of them crank like a MO FO

 

[silenze]

Especially in the cold

 

[Living on the EDD]

Restrictions on maximum improvement should have no weight limit, have that changed if you could and go back to work.

Doctor says I have to wait 2 years to go for another functional capacity evaluation to review any restrictions being lifted

 

[haller]

Their reason for not letting me back is I will be required to pull or push more than 130lbs on a hand truck being a package car driver. Such BS

When i was out driver helping, i had a load like that.

 

[clean hairy]

Create a 22.3 position to accommodate the person?

 

[UpstateNYUPSer(Ret)]

Those weight limits sound awfully high.

 

[clean hairy]

Article 14, sec 3, pages 36-38 of the Master agreement might be worth pursuing.
Might be something in your Supplement as well which might apply.

 

[trickpony1]

Contact the Office of Federal Contract Compliance Programs (OFCCP) to see if they can assist.

I understand this is a Federal agency that assures that businesses of 25 or more employees that have contracts with the federal government (we meet both criteria) actively hire, retain and promote disabled/handicapped people.

I think you are getting the run-around.

 

[Living on the EDD]

Thanks for the constructive comments guys I just wanna work hard and not be taken advantage of you know how it is in the hub and its tuff to get answers. cheers

 

[Ms.PacMan]

Create a 22.3 position to accommodate the person?

This is what happened in my center after the driver got a lawyer.

 

[budlight]

Yeah, but they roll easy, don't they?

Very easy. Especially when the warm tires melt the snow and you have to pull them up a slight incline, on 2 inches of packed frozen ice. Cake walk.

 

[UpstateNYUPSer(Ret)]

Create a 22.3 position to accommodate the person?

We had a 22.3 position created for a driver who had 3 Tier 3's in a calendar year. No one else is allowed to bid on it and it will be abolished when she retires/separates.

 

[DOK]

Hi all I recently finished rehab from my second back surgery in 12 months for another herniated disc. Doctor says I have reached Maximum medical improvement so Liberty mutual have stopped sending checks. I have been given restrictions of no lifting more than 115lbs and no push/pulling more than 130lbs and management wont allow me to come back yet they wont fire me, just have made me inactive. I have contacted ADA and they are sending me a packet to fill out and my union rep doesn't seem to be real confident in what hes doing or how he can help. Heres the kicker because Ive been on workers comp for last 6 months recovering I dont qualify to collect unemployment or disability to feed my family while this whole fiasco plays out. Any advice on strategy would be appreciated. I also went and got my cdl while ive been off in the hope maybe feeders might become an option. Their reason for not letting me back is I will be required to pull or push more than 130lbs on a hand truck being a package car driver. Such BS

What's the justification for stoping your comp payments ? If you're hurt at work you should be paid until you can come back. If you can't get well enough to come back to work Liberty should buy you out. Isn't that how it works?

 

[Nolimitz]

May want to check out SSDI