AUG/SEPT 2012 IAM Fleet Service Discussions

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[ograc]

Hoping for some input from members on the following: When agents are returning from an occupational (workers compensation) injury that required surgery (i.e. rotator cuff surgery) are they required to perform a Functional Capacity Examination (FCE), as ordered by the company, prior to returning to work? I'm trying to establish if this is a system wide consistently apllied requirement. Any input from fleet in other stations would be greatly appreciated. Thanks!
ograc

 

[mike33]

Hoping for some input from members on the following: When agents are returning from an occupational (workers compensation) injury that required surgery (i.e. rotator cuff surgery) are they required to perform a Functional Capacity Examination (FCE), as ordered by the company, prior to returning to work? I'm trying to establish if this is a system wide consistently apllied requirement. Any input from fleet in other stations would be greatly appreciated. Thanks!
ograc

I would think that if you look up Workmans Comp rules / Reg's you will find that they spell out just what the company has to do for the employee.

"Worker's Compensation, sometimes referred to as "Workman's Compensation" or "Worker's Comp", is the name given to a system of laws meant to protect injured workers. The goal is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, so as to be able to return to the workforce. When workers are killed on the job, members of the workers' families are ordinarily eligible for benefits."
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So i would say that it is signed off by the medical Doctors who rehabilitate you.

 

[freedom]

looking forwards to becoming American ...

Still nervous about senority and station closings thou ... we should find out in a few more weeks i hear ...

 

[mike33]

looking forwards to becoming American ...

Still nervous about senority and station closings thou ... we should find out in a few more weeks i hear ...

I wouldn't believe everything you hear Freedom! There is unfinished business here at home and every station will be different as to who gets what in a merger. Besides, the buyer could be AA. Then what? We should first not keep accepting the % of part-time that we were stuck with during the last TA. P/t will always be the Vote that broke the Fleet Service back. We need to get those % 's in line somehow. Every agreement of transition has a clause of " Clear all Grievences and make null and void " as of date of signing. Isnt the P/T issue under Grievance?.....I'm not sure

 

[The Bagfather]

AA buying US is a very real possibility. FSE in SAN would be toast if that happened.

 

[ograc]

I would think that if you look up Workmans Comp rules / Reg's you will find that they spell out just what the company has to do for the employee.

"Worker's Compensation, sometimes referred to as "Workman's Compensation" or "Worker's Comp", is the name given to a system of laws meant to protect injured workers. The goal is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, so as to be able to return to the workforce. When workers are killed on the job, members of the workers' families are ordinarily eligible for benefits."
​
So i would say that it is signed off by the medical Doctors who rehabilitate you.

Mike33,
The problem is, based on workers compensation, the treating doctor declares "maximum medical improvement". After this is done he determines your permanent disability rating. At this time your workers compensation stops. Your covered physical therapy stops. The company "supposedly" requires a Functional Capacity Examination before you can be returned to work. At least that is what I'm being told in my station. While you wait for this examination you are going without compensation. There are limited physical therapists who are qualified to conduct a FCE. In some cases you can wait 4 - 6 weeks to have one scheduled. All the while you are without compensation. I'm fully aware what the definition of workers comp is. This is not what I asked. Again, is the FCE a systemwide requirement by US before an agent can return to work from an occupational injury (workers comp) that required surgery? The FCE requirements are based on a job description provided by the company. Based on the job description and the company's interpretation an agent must be able to lift 70 lbs. over their head unimpeded. IMO... there are many working who could not achieve this requirement. Is this another means to eliminate senior / older topped off agents? I need to know if this FCE is a systemwide requirement for a return to work.
ograc

 

[wings396]

Based on what I have been told, you are correct. I also heard that employees are no longer permitted to return to work on light duty, so perhaps this is why they have to go thru the exam.

 

[ograc]

Based on what I have been told, you are correct. I also heard that employees are no longer permitted to return to work on light duty, so perhaps this is why they have to go thru the exam.

I'm sorry but I don't see anywhere in the contract where it reads employees are not allowed to return to limited duty post surgery. Maybe I'm missing something but what I'm reading in the contract states you may be offered 60 days of limited duty per injury.
ograc

 

[wings396]

I know of someone who just went thru the process, and I will speak to them about it during the week.

 

[blue collar]

I'm sorry but I don't see anywhere in the contract where it reads employees are not allowed to return to limited duty post surgery. Maybe I'm missing something but what I'm reading in the contract states you may be offered 60 days of limited duty per injury.
ograc

"may" be offered is completely different from "will" be offered. Sounds like its up to the company and if they don't want to offer light duty, then they aren't obligated to. I would think that they would just want you to see one of their doctors to clear you prior to returning. Not sure if they expect the whole new hire physical test

 

[ograc]

"may" be offered is completely different from "will" be offered. Sounds like its up to the company and if they don't want to offer light duty, then they aren't obligated to. I would think that they would just want you to see one of their doctors to clear you prior to returning. Not sure if they expect the whole new hire physical test

Your interpretation is how many would read it. I interpret it may to mean an agreement between the parties that the company has the ability and right to assign you limited duty work, provided you are qualified for and the work does not exceed your restrictions. I've spoken with a member who was on the negotiating committee for the original CBA. Article 16 (Limited Duty) was negotiated into the original agreement and has remained unchanged through 2 BKs and the TA. The intent of the language was the company wanted the ability to get you off workers comp. as quickly as possible. This language was not intended to allow the company the sole discretion on when, or to whom, limited duty would be offered. This could be seen as agreeing to favoritism and discrimination would it not?
ograc

 

[ograc]

I know of someone who just went thru the process, and I will speak to them about it during the week.

Please let me know what you find out. Thanks!

 

[mike33]

Based on what I have been told, you are correct. I also heard that employees are no longer permitted to return to work on light duty, so perhaps this is why they have to go thru the exam.

Well i disagree....we have a person that is on light duty and is doing audits only

 

[wings396]

Well, I guess that answers the question then doesn't it?

Some stations are going by different rules. I never said they did away with light duty, just that not permitting it when RETURNING to work.