UPS doctors in the back pocket of UPS

[abbear]

abbear: Are you familiar with this whole story? I was denied workers comp. because of the UPS doctors. I was denied long term disability because I got hurt on the job. State comp board said they could not do anything, because I have an attorney and am waiting for a court date. When you are dealing with an account of this magnitude $$(where I got hurt) you become a number, insted of a person. So you see, its like I am caught in this infinite loop. 1

I am as familiar as you will let any of us be with 'your' story. What you don't know is that I have been through a big comp deal with UPS where they tried to mess with me big time. I took the time to understand Calif comp law (better even than Liberty Mutual) and as a result was able to use my own doc and never needed a lawyer. In CA comp cases if you use a lawyer they get a portion of your comp award if you win. I used the clerk they have to provide free support and easily won.

From what I read from your post it is hard to tell if you have a claim against UPS (comp) or the company where the p/u occurred (their liability - not comp). And I am sorry but the manner of your posts makes it hard to figure out just what you really are doing or what has happened. And if you have an attorney what are you asking us for? If my life and family were going down the tubes I'd be all over him about what is going on! He is the legal expert and should be representing you which includes keeping you informed as to what is happening.

And I am having a lot of trouble believing that this is a comp case unless the state you live in (NJ if I recall correctly) has absolutely the worst comp plan in the world. What are the rules for using a doctor of your own choice?

Unfortunately YOU are your own best advocate in comp cases and it would be a smart thing for you to be doing all the research you can on your rights under comp. If it really is a comp case it will help you light a fire under your attorney by forcing him to treat you as a knowledgeable client.

If all this sounds unsympathetic to your plight it really isn't. Your situation is what it is and now you have to deal with it as best you can. UPS isn't going to do it for you, the union isn't going to do it for you, we can't do it for you. That leaves you - you'll have to do it.

Oh yes - I am permanently disabled in both shoulders to the point that I can't throw a ball overhand to play catch with my kids. It's not fair - it just is. I learned deal with it.

 

[upsgoingdown]

abbear I feel for you and yours. sounds like to me if your kids are anything like you, they to are goiong be fine as well. thanks god bless

vincet

'life is tough sometimes

 

[trickpony1]

UpsGoingDown,

If and when you get accepted by the paperwork that we spoke of in the PM, let me know before you go to any interviews, exams, physicals etc.
I can offer some suggestions has to how to make the interview(s) go a little smoother.

 

[upsgoingdown]

Thanks pony1, I sure could use it.
vincent

 

[Prototelis]

What?

Phenol shouldn't scar your lungs. At most it could give you a chemical burn. But not from breathing it in, mostly thats from direct skin contacts of pure phenol. I mean, if you had actually swallowed a bunch of it straight I could understand.. and you wouldn't have been able to post because you would have most likely been dead.

But phenol doesn't mix with air that well.

Furthermore, the symptoms you've discussed don't even seem to be consistent with long term or short term exposure to phenol(s) through the air.

If you're a smoker I am amlost sure you're doing more damage to your lungs than the active ingredient in almost all common oraly recieved antiseptics.

Oh, and tobacco products actually have phenol in them. Also, the chronic use of Tobacco products is also much more closely associated with causing the symptoms you're accusing phenol of causing.

Just so you know. It's also in fried chicken, mountain cheese (IE swiss etc.), and certain species of fish.

This is most likely why the company isn't paying any workers comp, because for all intensive purposes it doesn't look like phenol exposure is the culprit.

Good luck on your claim, though.



I recently had an accident at work, and one of my front teeth got broken. I went to my own dentist without any problems, and UPS has actually paid for a veneer. Despite the fact that a veneer could have probably been considered cosmetic, and they could have just pulled the broken tooth out.

 

[trickpony1]

Prototelis-
I'm not one to pass up a spirited debate so I hope you won't mind a few questions. I wish I could put up a highly choreographed post but I'm just a truck driver so please bear with me.

Your first few statements suggest that you have a background in pulmonology and chemistry. I'm just curious what your credentials are.

Tobacco, fried chicken, mountain chesse and certain fish may have phenol in them but do you think it's at the same concentration as the saturated airspace that this individual walked into?

I am surprised that this individual would exhibit the symptoms/signs that he claims was caused by the exposure to phenol prior to the exposure and absolutely no one around him at the center or PCM didn't notice it.

"......because for all intensive purposes......".
Shouldn't that be "...for all intents and purposes...."?

Regarding the injury to your tooth, "...they could have just pulled the broken tooth out." They also could have taken you out to the nearest wall, lined you up and shot you but they didn't. I would be interested in knowing what happens when, in time, that chunk of composite veneer comes out of your tooth because of normal wear and tear due to axial torsion, pressure and the rigors of tearing/chewing your food. Do you think the company is gonna take care of that tooth for the rest of your life? Probably not.

Perhaps the company is trying to figure out a "one time", quick fix to the individual that was exposed to phenol.

I welcome your rebuttal.

Disclaimer: Did everyone notice I made it all the way through this post without any name calling, without any vulgar language and without questioning Prototelis' sexuality as some management posters have done to me when my opinion doesn't necessarily agree with theirs?

Amazing isn't it?

 

[ups_vette]

What I truly find amazing is you ending your post by praising yourself for not acting like the biter hateful person you always do. I guess you think that patting yourself on the back for what others do naturally should be noticed and commended, since it's not in your nature to act in such a fashion.

 

[over9five]

You done good, Trick, you done good!

 

[trickpony1]

Thanks!
I try........

 

[upsgoingdown]

Pony1 I only wished I could respond, to the suits as you do. I've only been on this site for a couple of months, but it is so easy to see which responces are made by hard working team players at UPS and the suits that have know clue, and by the way they are good at preaching team play but never become team players. Just a small reminder again to all im 39 and I have never hade a problem with my lungs, and never no asthma problems until that night. Thanks again for your support its as if you sing your debate so easly.

vincent

 

[trickpony1]

Vincent-
Thanks.
It may be because I've been around a while, as have most feeder drivers, and it's not as easy to fool someone who knows their tricks.
It may be because I am entitled to my opinion just as they are. If the suits choose to internalize the moment and get their shorts in a wad then there's nothing I can do about it.
It may be because I have the right to defend myself just as they do. When I feel threatened I verbally handle it using the same verbal manipulation I have been shown and learned from the suits. It seems I have learned debate skills vicariously over the years.

The company is gonna do what they want....right, wrong or indifferent. It's up to us to develop coping skills.

 

[Prototelis]

Prototelis-
I'm not one to pass up a spirited debate so I hope you won't mind a few questions. I wish I could put up a highly choreographed post but I'm just a truck driver so please bear with me.

Your first few statements suggest that you have a background in pulmonology and chemistry. I'm just curious what your credentials are.

Tobacco, fried chicken, mountain chesse and certain fish may have phenol in them but do you think it's at the same concentration as the saturated airspace that this individual walked into?

I am surprised that this individual would exhibit the symptoms/signs that he claims was caused by the exposure to phenol prior to the exposure and absolutely no one around him at the center or PCM didn't notice it.

"......because for all intensive purposes......".
Shouldn't that be "...for all intents and purposes...."?

Regarding the injury to your tooth, "...they could have just pulled the broken tooth out." They also could have taken you out to the nearest wall, lined you up and shot you but they didn't. I would be interested in knowing what happens when, in time, that chunk of composite veneer comes out of your tooth because of normal wear and tear due to axial torsion, pressure and the rigors of tearing/chewing your food. Do you think the company is gonna take care of that tooth for the rest of your life? Probably not.

Perhaps the company is trying to figure out a "one time", quick fix to the individual that was exposed to phenol.

I welcome your rebuttal.

Disclaimer: Did everyone notice I made it all the way through this post without any name calling, without any vulgar language and without questioning Prototelis' sexuality as some management posters have done to me when my opinion doesn't necessarily agree with theirs?

Amazing isn't it?

My credentials are what anyone needs to look up any chemical and understand it's concentration levels.

Highschool math, and the internet to look up chemical fact sheets.

Phenol I remembered right off the bat, becuase I like looking up chemicals on the back labels of just about anything.

No, I don't think it's concentrated in the same amounts. But what I was trying to point out is that it's NOT this super killer chemical. And that it'd take a much more direct exposure to the chemical to cause any serious long term problems. It can be dangerous, and they did evacuate their compound. But any good business doesn't want to be sued. Which honestly is what he needs to be doing.

You are exposed to ALOT of phenol every day. Infact, I'm more than confident that if you knew how much cancer causing radiation you were exposed to every day you'd wear a lead suit.

PS, yeah my grammar sucks ocassionally.

If you want to go look up the chemical fact sheets you're welcome to.

This thread interested me, because theres no way any company would ignore something like this unless there was a real reason to.

 

[upsgoingdown]

Prototelis you forgot mouthwash ,glue, plywood we could go on and on but whats the point you only see and hear what you want. Your not the one sick, if you would do some real research you would know less than a gram of phenol has killed grown men and women. I don't know what happened that night, I don't even know how much phenol was spilt, they lied to me they lied to management, they even lied to the police. I walked in happy and healthy like always and I have had problems with my lungs ever since. I thank god everyday that im still here, it could have been my last p/u period. You ask why would the company turn their back on me, its not just me theirs hundreds if not thousands of meeeeeeee's, just in this country alone, and you know what just in the last few years, have I realized it myself. Its all about the money the accounts the all mighty $. Mr.Casey is turning over in his grave. I quote (ITS NOT ABOUT THE MONEY ITS THE PEOPLE THAT COUNT.) or something like that. Bottom line Prototelis its not your problem, so its easy for you to support the suit, but I promise, if your a driver, part time worker or someone that wears the browns you will get yours and only then will you really understand whats going on. I was a runner to, I think we all where one time or another, the lucky one's are the one's that catch on fast, and realize the box's never, ever stop coming.

ps Prototelis the p/u that lied to me, about the spill, is a huge account for ups. Im not sure but just maybe that may have something to do with my problem as well ! Please forgive my spelling ,just a country boy caught between a rock and a physical mess
vincent

 

[OldUPSDriver]

SAN FRANCISCO (AP) - A federal appeals court on Tuesday upheld a lower court ruling that UPS Inc. violated anti-discrimination laws by automatically barring the deaf and hearing-impaired from driving parcel delivery trucks.

The 9th U.S. Circuit Court of Appeals agreed with U.S. District Judge Thelton Henderson's 2004 ruling that the Atlanta-based company's practices breach the Americans with Disabilities Act.

Henderson, in a class-action case representing as many as 1,000 would-be drivers, ruled that the hearing impaired should "be given the same opportunities that a hearing applicant would be given to show that they can perform the job of package-car driver safely and effectively." The San Francisco federal court order was stayed pending appeal.

On appeal, UPS maintained its hiring practice was a safety issue and that it was not discriminating. The company did not immediately return calls seeking comment.

"While UPS offered anecdotal testimony involving situations where a driver avoided an accident because he or she heard a warning sound, the company ... failed to show that those accidents would not also have been avoided by a deaf driver who was compensated for his or her loss of hearing by, for example, adapting modified driving techniques or using compensatory devices such as backing cameras or additional mirrors," Judge Marsha Berzon wrote for a three-judge panel of the appeals court.

The case was litigated by Disability Rights Advocates who represented current and former employees who were passed over for driving positions, and other potential employees who consented to what the group dubbed UPS's "deaf-need-not-apply" policy.

"We are obviously ecstatic over the ruling," said attorney Todd Schneider, who worked with the Berkeley-based plaintiffs' group on the case.

"Each deaf person has to be assessed individually to make a determination, just like a hearing person, as to whether they can safely drive a UPS truck," he added. "That's all we ever asked."

The dispute centered on UPS's custom of denying hearing-impaired workers jobs operating delivery trucks weighing under 10,000 pounds.

Federal rules demand that trucks exceeding 10,000 pounds be staffed by those meeting certain vision and hearing requirements. But the government leaves it up to companies to decide who is qualified to operate lighter vehicles.

The U.S. Postal Service and FedEx Corp. allow some deaf drivers to operate delivery vehicles under 10,000 pounds.

In 2003, under a $10 million settlement, UPS agreed to track promotions and ensure that hearing-impaired employees and job applicants have access to certified interpreters. The company also agreed to provide text telephones and vibrating pagers to alert poor-hearing employees to emergency evacuations.

That settlement resolved all issues in the case except the truck driving dispute.

The case is Bates v. UPS Inc., 04-17295.

 

[CTOTH]

Some info I found:
"An oral dose of 1 gram of phenol many be lethal to humans; however, in exceptional cases, patients have survived the ingestion of 65 grams of pure phenol or 120 grams of the crude product. Roughly 50 percent of all reported cases have been fatal. Death may be rapid and usually results from respiratory failure [Clayton and Clayton 1982]."
This article is on the OSHA website

Phenol

 

[trickpony1]

I also believe the lung tissue is much more absorbent than the lining of the stomach. This must explain why people smoke cigarettes instead of eating them.
The stomach also has a sufficient amount of digestive juices, one of which is hydrocloric acid that pretty much neutralizes everything. One would think that the lining of the stomach must be pretty resilient to withstand constant exposure to hydrocloric acid.

WARNING: for those who don't know, DO NOT DRINK hydrocloric acid!!!.

 

[upsgoingdown]

obviously I am not terminal or bed ridden at this point however my life and the life of my family have forever been changed. The truth is that I was lied to and told that harmless cough syrup had been spilled that night, when in reality a hazordous material had been spilled. I feel as a result of this dispicable lie the present and the future of my health is a complete mystery. ( I have a family who is now in a much higher bracket to be left husbandless/fatherless. My constitutional right has been violated. I was totally misinformed (as well as the authorities) and made a conscious decision to finish my work at a faciliity who was obligated to keep my best interest a priority therefore I feel it is my obligation to inform others of this atrococity because it knows no prejudice. This could happen to any one of you who wear their browns to work everyday. Bottom line, I was hurt on the job when this life changing incident took place it's hard to believe that UPS would treat a 17 year veteran in the manner that they did by turning their back and "starving" me out as they have so tried. I guess in this particular case, a multimillion dollar account far surpasses the well-being of me or my family.

vincent1

 

[upsgoingdown]

Need help with my grievance papers.If anyone can help feel free to e-mail me, thanks.
Vincent

 

[satellitedriver]

Hello, my name is Vincent, I have worked for UPS for 17 yrs. I was doing a pickup when a spill occurred and the company I was delivering to told me that I was breathing in cough syrup but I got sick, ultimately, I called the police, hazmat was called in after I left the building and now my lungs fill up with mucus when I walk around my house or do anything that I'm used to doing. I have been to 7 doctors 3 which are UPS doctors 3 pulmonologist and all 3 say I have severe obstruction in my lungs. UPS doctors after 8 months say I have asthma and scarred lungs and central nervous system damage. That's just a couple of my health isssues, but it has been 15 months and I still have not received any workers compensation, my family and I just bought a home and my wife and I just gave birth to a new little baby boy. We don't know what to do but we know that local 177 in nj won't help us and UPS won't return my calls what can we do. I have a website setup at upswrong. I would truly appreciate any feed back or stories that I know many of you out there can relate to. On my site, (upswrong) I have a link to the advertiser news. In this link, there is a newspaper article that advises the working class of the atrocities that my company has bestowed upon my family and I

Was the package labeled as hazmat?

 

[satellitedriver]

obviously I am not terminal or bed ridden at this point however my life and the life of my family have forever been changed. The truth is that I was lied to and told that harmless cough syrup had been spilled that night, when in reality a hazordous material had been spilled. I feel as a result of this dispicable lie the present and the future of my health is a complete mystery. ( I have a family who is now in a much higher bracket to be left husbandless/fatherless. My constitutional right has been violated. I was totally misinformed (as well as the authorities) and made a conscious decision to finish my work at a faciliity who was obligated to keep my best interest a priority therefore I feel it is my obligation to inform others of this atrococity because it knows no prejudice. This could happen to any one of you who wear their browns to work everyday. Bottom line, I was hurt on the job when this life changing incident took place it's hard to believe that UPS would treat a 17 year veteran in the manner that they did by turning their back and "starving" me out as they have so tried. I guess in this particular case, a multimillion dollar account far surpasses the well-being of me or my family.

vincent1

Phenol is used in mouthwash and many other applications. Sorry, something just doesn't ring true in what you claim.