Back injuries: will Liberty Mutual or Aetna cover? NO

Discussion in 'UPS Discussions' started by browned out, Jun 9, 2010.

  1. browned out

    browned out Active Member

    A driver in our center had a back injury last year on the job. He reported it and called it in to Liberty Mutual. He was off for a few days, therapy and back to work. Liberty covered it.

    About 4 weeks ago; his back acts up again. He calls the center to let them know, not real bad,(injuries reported to mgmt but not called in to Liberty Mutual are not uncommon) he continues to work.

    A week or so later his back gets really bad. So he calls in to the center again. Center team says he never called the last one in. Anyhow it went on to the point where he had to get his phone records and sit down with loss prevention and the full time sup who he called it in to. Finally he got UPS to see that indeed he did call it in.

    Small consolation because Liberty is still fighting it. Aetna will not cover his injury claiming it is a work related injury and liberty will not cover it either so he is paying for his own therapy and still working with no restrictions.

    The driver got his injury history from UPS (UPS has to provide injury history to you if you request it) which has the original injury which Liberty should know is related to this one.

    Another driver in our center who called in and reported his injury to liberty mutual re-injured his back. He called his physical therapy doctor and they said they would be happy to have him back but no because liberty mutual still has not paid last years therapy bill.
  2. rod

    rod retired and happy

    just reading the title of this thread my quick answer was ---No- they will fight you all the way
  3. Johney

    Johney Well-Known Member

    In Florida if you do not see the doctor within a one year time frame from your last visit they can close the case and you are SOL.
  4. User Name

    User Name Only 230 Today?? lol

    I have not been injured at work (hopefully never will) but know I would make photo copies of everything and record the phone call with my cell phone. Then they can't say jack.
  5. SouthCal

    SouthCal New Member

    Be careful with this. In some states, you have to let the person on the other end know you're recording the conversation and in some cases, you need their permission, otherwise it is inadmissible in court. It's a privacy issue regardless of the subject matter.
  6. trplnkl

    trplnkl 555

    Tell you friend to get a lawyer that specializes in workman comp.

    I can tell you from experience Liberty Mutual will withhold facts from you about coverage, out right lie to you about what is allowable and do everything they can to not pay. I should have had a lawyer.
  7. brown bomber

    brown bomber brown bomber

    just send a message via the DIAD, if you're's been authenticated, and need for a back and forth telephone conversation
  8. browned out

    browned out Active Member

    I know. I had to fight them for about 6 weeks for a hernia. Had a what was classified as a groin injury on the preload before I became a driver. Went to the clinic, had therapy under workman's comp then back to work. A couple years later it hurt pretty bad.
    Liberty tried to say it did not happen on the job.

    I told my boss that I remembered being injured in that area years before.

    He responded what? that old preload injury. I told him yeah, hernia tears dont repair themselves; no more than a torn piece of paper.

    Had to ask for injury history report to which he replied we don't keep those. It is medical confidentiality. To which I said bull. UPS keeps reports on their reports. We used to have extra training for injury repeaters. Fought and fought and he dug em up somehow. All the way back to 1989 when I started.

    Liberty still wanted to fight. I had to get my medical records from Iron Mountain (medical records keeping company) and threaten legal action. I was working with restrictions while this hernia could have led to serious problems up to death in extreme cases. All this while driving company vehicles.

    Finally, I get the call; hi; this is liberty mutual and we are going to pick up your claim.

    your god d#$n right you are.

    As stated many times if you are a willing victim; UPS will victimize you.
  9. brown bomber

    brown bomber brown bomber

    according to's impossible to be injured on the job..............if you follow methods.......excuse me while I disagree
  10. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    We have been told that all injuries must be reported immediately with a telephone call to the center.
  11. hdkappler

    hdkappler Member

    if injured call a lawyer.
  12. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    I will do that the next time I roll my ankle........not.
  13. stevetheupsguy

    stevetheupsguy sʇǝʌǝʇɥǝndsƃnʎ

    The injury that you're making fun of may be quite serious, depending on the person and how it was done. A guy in my center rolled his ankle on a parking chock and had to hop on the other foot because the injured ankle was swollen to the size of a clincher softball. I drove this guy, in a pkg car, to the hospital when I was part time. He was out for quite some time, due to a "simple" ankle roll.

    Next time you get hurt, and there will be a next time, maybe you should think about reporting the injury, no matter how "silly" it may seem to YOU. This would help mgmt see the true extent of "on the job" injuries, and, you never know when that silly little ankle roll will come back to haunt you.

    By the way, mgmt laughed at me and cursed me to my face about the hip pain I was having, which took several MRI's to find the cause. It turned out that while I was out there running/gunning to please my mgmt handler's, I tore catilage in my hip socket (torn Labrum), which wasn't easily detected, so mgmt and some Dr's told me there was nothing wrong, when all along I was actually hurt.

    EDIT* I must add that the mgmt that did/said these things are no longer with the company. The mgmt we have now, especially one totally safety minded on-road, would absolutely agree with what I say about reporting injuries.
    Last edited: Jun 12, 2010
  14. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    I do report each and every injury. I do not call a lawyer for each and every injury. That was the point of my reply to hdkappler.

    Shouldn't you be out scooping up tar balls?
  15. stevetheupsguy

    stevetheupsguy sʇǝʌǝʇɥǝndsƃnʎ

    I believe hd was referencing UPS/Liberty giving someone a hard time about treatment, at which, calling a lawyer would be quite appropriate. I called a lawyer when Liberty said that I was MMI, but I had not reached the point that I could perform my "UPS" duties properly. Lawyers don't only help you settle your case for a monetary value, so that you can move on, but also help you get the required treatment as well as any payments the company may feel they don't want to give you. I was out on comp for 2 1/2 years, all told, but it was what was required for me to get back to work and be of any use. I've been back, at 100%, since Peak 2003. I've stopped the running/gunning and take the pkg car steps one at a time. If injured, no matter the severity, such as when my back was tweaked, some ankle pain or slipped on the Home Depot dock and gashed my leg, I've reported it to mgmt, as should everyone.

    As for the tar balls, I'm on the East Coast, so we're good thus far, but if I were President I would....:wink2: