Thank you for your service.
You need to go to the VA and get in contact with the local Service Officer for assistance. Also go the your local Department of Labor and file a USERRA complaint (Uniformed Services Employment and Reemployment Rights Act). If you missed time at work due to deployment or as a result of military service (this is probably closest to your situation) it is illegal to terminate or deny benefit of employment (ie change to part time dock work, I believe they could put you on dock work at the same rate and schedule???)
As for the bullying and such by the click group- VOW- Veterans Opportunity to Work Act was enacted to protect veterans from harassment and workplace discrimination.
While you're at it, I would look at ADA- Americans with Disabilites Act to see if PTSD or depression is listed.
All of these will include free representation through the VA and/or the DOL. You may choose to take a paid approach, but more often than not you will receive top notch attorneys who's firm requires them to do a certain amount of pro-bono work and so they have a vested interest in you as well.
There isn't an employer anywhere who wants to see the VA and DOL cast a shadow in their doorway. The DOL does impose steep fines and individual compensation for those who have been discriminated against.
Need the solid truth - discriminated against for past health issues?
Discussion in 'Trucking Industry Regulations' started by PanteraUSMC, Mar 18, 2015.
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http://www.thetruckersreport.com/downloads/fmcsa-medical-examiner-2014.pdf
starts on page 187... I did a CRTL F on suicide.PanteraUSMC Thanks this. -
Oh heck no, I have no thoughts or urges to hurt anyone. These "select few" will get theirs someday. Unfortunately, they will continue their BS until then. So I found out that the "reg" they were referring to is NOT a regulation, but a recommendation from the medical review board report. As of the report it had not been enacted by the FMCSA. I called the doctor out on it and she was trying to say it is a guide line to go by, but was not a regulation. Feeling a little discriminated against. Am I wrong?
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Mark Kling, thank you for the update. I am reading it now
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So, reading the recommendations it say if "Driver HAS", as in present tense...Am I wrong?
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Sorry if it seems like I'm hijacking this thread. I am a big fan of "combat vets". If you are indeed a combat vet, thank you sir for your bravery and the sacrifices that you have made to protect my freedoms. It is an embarrassment and criminal that we treat all "vets" the same. If you have PTSD due to real live fire combat and you are struggling to cope with things you did and saw but you can't get the help you deserve then I apologize for not doing enough to help you and everyone in your situation.
That said...
If you are one of the guys who is a "vet" because he cooked potatoes on a ship for two years and the scary airplanes taking off all day caused nightmares, sorry sister but you need to man up and let a real warfighter in line in front of you at the V.A.. **rant over** -
Sorry to say this but you can feel all discrimination if you want because there is an issue with the safety of others due to your problems and your attempt. I would have not allowed you to return to the road for at least a year if you worked for me to allow you to get it together in a safe manner, meaning notin a truck.
but on the other hand I have this real issue with companies not following through on complaints of harassment and would have also fought hard to fix that problem not just for you but others.
i suggest you find another job to eliminate the triggers for the PTSD.PanteraUSMC Thanks this. -
Sorry to hear about your difficulties. Reading the regulations, the recommendation is not to certify until one year, symptom free has passed - for "severe" major depression, or depression with a suicide attempt. I think most examiners would say that depression that required inpatient treatment is/was severe.
Like so many things in the examiner's handbook, this is a recommendation, not a regulation. However, regulations are to be followed unless there is a compelling medical reason not to, and the reasons for not following the recommendation needs to be documented. So, only in rare cases are the recommendations not followed.
I am glad you got the help you need. As long as your symptoms are controlled, you follow your doctor's recommendations, and you tolerate medications, you should be able to get certified after one year. However, you should talk to your doctor now about documented an exact date of when your symptoms were controlled. I.E. - will the the one year waiting period begin on the day you were discharged, or at some later date?
Your medical examiner will most likely need records pertaining to your depression, and this may or may not be a problem (or at the very least, time consuming). If you get your own copy of your records, this may save some time for you later.
Lastly, if you are on medications, be sure that you are not on "1st generation" antidepressants. These are medications such as amytriptyline (Elavil), nortryityline (Pamelor), imipramine, and few others. These "1st generation" antidepressants can cause sleepiness, and will also get you disqualified. If you need medications, talk to your doctor about alternative medications if necessary.
PS - I am a doctor who performs and has an interest in DOT medical examinations.PanteraUSMC and xlsdraw Thank this. -
Hey Dr. DOT- I think I can ask this under this post. When I see my primary Doc for dot med card, I start to sweat bullits. After the help takes BP, and pulse, the doc will come in and do the same thing. Then he will check my feet legs, for swelling with a little mallet, check for hernia, lumps in the bag, under arm pits,neck, ears,up nose, inside mouth and then eyes. Thats only the start. Then I have give 4 tubes of blood, urine in shot cup, and then get wired to check heart. I said to him this is a dot exam, and he replyed 'I'm getting to that. Now stand up, turn around and bend over on your elbows. Why? Its call a digital exam, and I want to see if there's blood in the stool. Im not ready for this. Told me do you want your card? Then I had the eye test, hearing test and then he checked pressure on both legs. Done. My question to you is this a normal dot exam? Thank You Mike-Z
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Neighbor, that sounds way out of line. Check the FMCSR under section 391.41 Under Physical Qualifications and Examinations, I think the Dr. went WAY out of the guidance.
MZdanowicz Thanks this.
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