Denied WC claim

Discussion in 'UPS Discussions' started by Cyclops, May 23, 2017.

  1. Cyclops

    Cyclops Member

    I hurt my knee at work doing routine movements. Did accident report, went to WC doctor. He ordered surgery. I talked to LM adjuster who denied my claim bc he said no accident occurred to cause the injury, but that the injury occurred while I was just doing routine movements associated with my job.
    From what I have read, my injury falls under a repetitive movement injury and should still be covered by WC. Has anyone had success with WC claims for repetitive movement injuries or with challenging denied WC claims?
  2. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member


    I was experiencing tingling and loss of sensation in the tips of my fingers due to pinched ulnar nerves in both elbows. Initially treated under our insurance until it was determined to be work related (repetitive motion injury). Comp paid all of those bills, all future bills and I received 10 days of comp pay.

    Ask for an appeal and hire an attorney if the appeal is denied.
  3. Cyclops

    Cyclops Member

    So, from what I understand the next step is to submit a form 33 and/or hire a lawyer to dispute the WC denial. Would you say I have a pretty good chance of winning the appeal about my knee? It was injured doing routine bending/lifting, which I've done thousands of times working at UPS. That's why I would say it's a repetative movement injury.
  4. Wally

    Wally BrownCafe Innovator & King of Puns

  5. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member

    While I will admit that I have no idea what a Form 33 is, you should have no problem getting the denial reversed.
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  6. Cyclops

    Cyclops Member

    I've read they will often reverse the denial when it goes to mediation before you even go before the Industrial Commission for a hearing and that they often deny claims because most people just accept the denial and give up. Thanks for your responses.
  7. Johney

    Johney Well-Known Member

    Talk to a W/C lawyer now don't wait.
  8. Cyclops

    Cyclops Member

    I contacted a WC lawyer and they informed me they couldn't represent me bc no "accident" happened, but that was just doing my routine movements at work when the injury occurred. I have to file for temporary disability. I can fight the denial by filing a form 33 disputing the denial, then I would have to pay back the temp disability benefits with whatever compensation I get from WC if I win.
  9. Wally

    Wally BrownCafe Innovator & King of Puns

    You need a good and sleazy "Slip and Fall" type lawyer.
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  10. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member

    You can't get STD when you are hurt at work.
  11. Operational needs

    Operational needs Virescit Vulnere Virtus

    Translation....because it's not an "accident" they don't want to take the case because they would actually have to work for their money.
  12. Over 70

    Over 70 Active Member

    Better call saul
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  13. tacken

    tacken Active Member

    Ahhh UPS such concern for your workers!!!!
  14. Returntosender

    Returntosender Well-Known Member

    Ask the workers Comp people for a copy of the report UPS sent to them. Maybe UPS omitted information from your statement
  15. trickpony1

    trickpony1 Well-Known Member

    ....omitted or falsified?
  16. Every upser should be taught by the union... In order to use workers comp you always need an exact time and place and how it happened. Had he slipped and twisted his knee he would be fine regardless of how it happened
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  17. UPS Preloader

    UPS Preloader Active Member

    Call Workman's Compensation and get yourself a free advocate and file the appeal. UPS seems to deny claims just to make you work for it. Had an employee out for 4 months and another out for over 8 months. Neither received a dime until after they came back to work. What ever you do, don't give up and let them win. (Too many of us stop fighting once they're back to work. )
  18. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member

    Not necessarily true but it does help.
  19. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member

    UPS did not deny the claim-----LM (Liberty Mutual) did.
  20. Very true