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  1. #1
    Join Date
    Sep 2011

    Default Part Time Job New Claim

    I am new to this forum. This is my first post. My situation is different than most. I am self- employed as a auto repair shop. I have a part time job, I took for the benefits at a parcel delivery company. I work evenings loading/moving packages.
    I was injured at my part time job due to repetitive lifting in June. My primary doctor gave me 5 days off and refered me to an orthopedic doctor. He diagnosed tennis elbow. The specialist gave me a few days off and 3 weeks of light duty. My employer stated they had no light duty, so I was told to return to work when I was released for full duty.
    I returned to work in august. I got better after my second cortisone shot. I filed workers comp after the fact ( not good, I know). The injury was gradual, that is why I told them I did not file Immediately. My doctor stated the injury was due to extensor motion lifting. I lift bags of packages weighing up to 50-60 lbs.

    My injury has returned and I called off work last week 3 days. I called in this monday with a note for 3 days off. My supervisor stated: "you were at your shop all weekend" (not true, trying to trick me into saying I was at work which I was not). He said it was fraud if I was working at my shop and not UPS, and they would be watching. I am trying to get a note for more time off, since I have been off both jobs and am not improving. I can certainly push myself to work, but don't want end up permanently injured. I need to have both arms 100% and cant work my business if I cannot grip with my left hand. I am more interested in healing than any claim for workers comp. I lose far more revenue at my business than I could be compensated for at my part time job.
    I have some specific questions:
    Am I entitled to workers comp if I worked my shop light duty when I was off for 3 weeks and my employer refused me light duty.
    What are the legal complications if I run my business while I am off of my part time job. I can take it easy at my shop and avoid using my left arm. I can rest and do paper work. My part time job is nonstop lifting work and coming up on xmas will get worse.
    Is my employer required to keep my regular health benefits going when I am out on workers comp? I know on regular leave they stop after 30 days and you have to pay cobra. I would like to keep my health benefits as long as possible.

  2. #2
    Join Date
    Feb 2007

    Default Re: Part Time Job New Claim

    You are going to need an attorney on this... UPS is self insured and know the rules/laws.

    The only way you can guarantee your ER paid benefits will be continued is if you file the FMLA forms. FMLA provides up to 12 weeks job/benefits protection if you are must have worked a year and 1250 hours. IF you were eligible, the ER/UPS would have to notify you and provide the forms at the time of the qualifying leave.

    You're right though, you failed to file the WC claim timely... but as UPS was aware of the injury at the time you took the time off...could be admissable.

    IF, If your Dr gives you light duty and the ER cannot provide the accommodation, you would generally be eligible for those wage replacement benefits..TTD. Only for your UPS job, IF your Dr says you can operate your business, yes, that would be permissable as the light duty is to weight lifing...and you can make your own should probably expect a PI sitting at your curb though.

    A message board is not a substitute for valid leagl to an attorney.

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