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  • Report:  #269618

Complaint Review: Werner Enterprises - Omaha Nebraska

Reported By:
- DOVER, Tennessee,
Submitted:
Updated:

Werner Enterprises
Omaha, Nebraska, U.S.A.
Web:
N/A
Categories:
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In August of 2006, while on home leave, I sustained a terrible accident. I fell and shattered my right ankle. I had surgery and got 2 plates, bunch of pins, 1 screw and a bucket of superglue. I worked hard to walk again. This I do for short distances (PTI on truck). Longer distances I have to use crutches, and even longer requires a wheelchair. My husband and I was hired a second time by Werner in Lithia Springs. I went through the orientation, drug screen and a physical by their doctor (DOT). We were issued a truck, and got run. We were running over 5000 miles for 3 out of 5 weeks. In, and this is strange, August, we had our truck in Phoenix to get it fixed. I was setting in wheelchair, when terminal manager, Jim Davis, "asked" us to come to his office. He called Allen Roberts in Omaha and put him on speaker phone. I was asked about my use of wheelchair. I told them I only used it to get across big parking lots. Questions about how I stored it in the truck, why did I need wheelchair, why the crutches - over and over and over. Finally I was told to go see Phoenix doc about my leg. When I walked into the office without crutches or wheelchair later that day, the meeting with the doc changed to another DOT physical! When I seen the doc the next morning, I had slight edema (I am 51 and 120lbs over weight) in both legs, BP of 140 over 80. The doc said that he was not going to give me clearance to go back to work, and that because of the swelling in my legs I was headed to have DVT (deep vein thrombosis - blood clot) and that I could have heart disease. They place me on medical leave and my husband on "voluntary" leave of absence, sent us back to TN to see my regular doc and a heart doc all at my expense. I have been cleared by the heart doctor in 2006, but Allen Roberts said I MUST have a doppler study on my heart. This costs 1600.00. Blue Cross will not cover it because the test is ordered on a pre existing injury. Now because Werner said they want that test, and I cannot afford it, my cardiologist will not sign release. He said that if Werner had not wanted the DVT test, he could release me. Oh and when the heart doc first examined me he said that the initial exam shows NO HEART DISEASE. I am caught in the middle. I do not have heart disease, I do not use wheelchair or crutches to perform my job duties as described by Werner and DOT (I have passed the physical twice while on crutches). I have tried to go over Allen Roberts head but I am told that there is no way in hell I would ever be allowed to speak with any of the Werner's. I want my job back. My husband and I live in our truck. We have no home to go to. We are currently living in my mother-in-laws unfinished, damp basement. Werner Cares - yea right.

KIMBERLEE

DOVER, Tennessee

U.S.A.


14 Updates & Rebuttals

M

Red Oak,
Iowa,
U.S.A.
Get An Attorney Immediately

#2UPDATE EX-employee responds

Wed, October 31, 2007

Don't just file a report with EEOC. Werner has more than an ample fleet of trucks - they have a fleet of attorneys. Make sure you have one, too - one who is willing to fight for you. Werner is self-insured and has VERY deep pockets. Go for the gusto, and don't let them beat you.


M

Red Oak,
Iowa,
U.S.A.
Get An Attorney Immediately

#3UPDATE EX-employee responds

Wed, October 31, 2007

Don't just file a report with EEOC. Werner has more than an ample fleet of trucks - they have a fleet of attorneys. Make sure you have one, too - one who is willing to fight for you. Werner is self-insured and has VERY deep pockets. Go for the gusto, and don't let them beat you.


M

Red Oak,
Iowa,
U.S.A.
Get An Attorney Immediately

#4UPDATE EX-employee responds

Wed, October 31, 2007

Don't just file a report with EEOC. Werner has more than an ample fleet of trucks - they have a fleet of attorneys. Make sure you have one, too - one who is willing to fight for you. Werner is self-insured and has VERY deep pockets. Go for the gusto, and don't let them beat you.


M

Red Oak,
Iowa,
U.S.A.
Get An Attorney Immediately

#5UPDATE EX-employee responds

Wed, October 31, 2007

Don't just file a report with EEOC. Werner has more than an ample fleet of trucks - they have a fleet of attorneys. Make sure you have one, too - one who is willing to fight for you. Werner is self-insured and has VERY deep pockets. Go for the gusto, and don't let them beat you.


Kimberlee

Dover,
Tennessee,
U.S.A.
Werner Enterprises, Omaha, Nebraska

#6Author of original report

Fri, October 26, 2007

Here is an update for those of you who think Werner was correct: 1. My heart doctor did the doppler study (at his own expence) asked for on both my legs, my chest, and neck. Nothing appeared to indicate I would be a candidate for DVT's. 2. My blood pressure was up at the time of the initial physical, but it has been determined that it was up due to me being angry that what was supposed to be just an inquisition into the use of crutches and wheelchair got changed to a 3rd DOT physical. I tend to get angry when I am lied to. 3. My heart doctor sent in the report to Allen Roberts, who promptly ignored it. 4. My regular doctor cleared me as far as being able to walk short distances, lift 50 pounds, etc as did the 4th DOT doctor I went to. 5. I have no evidence of high blood pressure, diabetes, blood clots, heart disease, tumors, hearing loss, failing eyesight, lung disease of any form, etc. 6. My regular doctor's report has clearly stated that I am perfectly capable of driving full rigs for many hours. 7. The edema in my legs is the kind of edema that ALL truck drivers get and live with. So to correct this, I now take a diraretic on a daily basis and this has totally removed all swelling, except where the plates are and that will always be there for the rest of my life. It is not health or life threatening. Now Werner wants me to go to a physical therapist to put me on a treadmill. Why? I have already been cleared by both my doctors and another DOT physical! Yes I have filed with the EEOC in Kansas City, which governs Nebraska and have been informed that I have a great case against Werner. Time will tell if Werner offers me back my job with back pay, or they go to court. Kim Indian Mound, Tennessee


Deborah

Grand Junction,
Colorado,
U.S.A.
Health and Safety

#7UPDATE EX-employee responds

Thu, October 25, 2007

I drove for Werner (aka DMI) for a few years, and have 12 plus years over-the-road. I also have a strong medical background, and am an Medical Emergency First Responder and instructor. I will go by the information provided by you in your report: First, your systolic blood pressure is 140. That is Stage I Hypertension. You can only qualify for a one year medical certification based upon that information alone, even though this is a low risk form of hypertension. Get with a doctor and get it taken care of before it gets worse, and you can easily get the normal two-year certification. Second, the edema in BOTH legs combined with the hypertension is a sign of significant risk of DVT's, especially given the nature of a trucker's job. Add to that your lack of physical activity and obesity, and I have to agree that I wouldn't want you driving an 80,000 pound missile around my family. Third, and this is just me, I would have serious concerns about your physical limitations regarding your right ankle. Driving is not the only part to this job. There is some walking, standing for prolonged amounts of time, etc., all of which I'm sure can be addressed easily under the "reasonable accommodation" rules under ADA. My concerns kick in regarding your safety. Can you remove yourself by foot without aid of the devices you mentioned in order to save your own life? Can you move suddenly to avoid a forklift? You should contact your local state unemployment office (or whatever they call it). They may have resources to assist you in getting the required medical care and tests needed to have you re-instated at Werner, or to find employment with another company. Be aware that your medical disqualification while at Werner may have been registered with the Tennessee DMV by now, as well as on your DAC/USIS. It is important that you be prepared to provide to employers all necessary medical information that shows these problems have been corrected, and that you have demonstrated the ability to stay healthy so these problems do no occur again.


Deborah

Grand Junction,
Colorado,
U.S.A.
Health and Safety

#8UPDATE EX-employee responds

Thu, October 25, 2007

I drove for Werner (aka DMI) for a few years, and have 12 plus years over-the-road. I also have a strong medical background, and am an Medical Emergency First Responder and instructor. I will go by the information provided by you in your report: First, your systolic blood pressure is 140. That is Stage I Hypertension. You can only qualify for a one year medical certification based upon that information alone, even though this is a low risk form of hypertension. Get with a doctor and get it taken care of before it gets worse, and you can easily get the normal two-year certification. Second, the edema in BOTH legs combined with the hypertension is a sign of significant risk of DVT's, especially given the nature of a trucker's job. Add to that your lack of physical activity and obesity, and I have to agree that I wouldn't want you driving an 80,000 pound missile around my family. Third, and this is just me, I would have serious concerns about your physical limitations regarding your right ankle. Driving is not the only part to this job. There is some walking, standing for prolonged amounts of time, etc., all of which I'm sure can be addressed easily under the "reasonable accommodation" rules under ADA. My concerns kick in regarding your safety. Can you remove yourself by foot without aid of the devices you mentioned in order to save your own life? Can you move suddenly to avoid a forklift? You should contact your local state unemployment office (or whatever they call it). They may have resources to assist you in getting the required medical care and tests needed to have you re-instated at Werner, or to find employment with another company. Be aware that your medical disqualification while at Werner may have been registered with the Tennessee DMV by now, as well as on your DAC/USIS. It is important that you be prepared to provide to employers all necessary medical information that shows these problems have been corrected, and that you have demonstrated the ability to stay healthy so these problems do no occur again.


Deborah

Grand Junction,
Colorado,
U.S.A.
Health and Safety

#9UPDATE EX-employee responds

Thu, October 25, 2007

I drove for Werner (aka DMI) for a few years, and have 12 plus years over-the-road. I also have a strong medical background, and am an Medical Emergency First Responder and instructor. I will go by the information provided by you in your report: First, your systolic blood pressure is 140. That is Stage I Hypertension. You can only qualify for a one year medical certification based upon that information alone, even though this is a low risk form of hypertension. Get with a doctor and get it taken care of before it gets worse, and you can easily get the normal two-year certification. Second, the edema in BOTH legs combined with the hypertension is a sign of significant risk of DVT's, especially given the nature of a trucker's job. Add to that your lack of physical activity and obesity, and I have to agree that I wouldn't want you driving an 80,000 pound missile around my family. Third, and this is just me, I would have serious concerns about your physical limitations regarding your right ankle. Driving is not the only part to this job. There is some walking, standing for prolonged amounts of time, etc., all of which I'm sure can be addressed easily under the "reasonable accommodation" rules under ADA. My concerns kick in regarding your safety. Can you remove yourself by foot without aid of the devices you mentioned in order to save your own life? Can you move suddenly to avoid a forklift? You should contact your local state unemployment office (or whatever they call it). They may have resources to assist you in getting the required medical care and tests needed to have you re-instated at Werner, or to find employment with another company. Be aware that your medical disqualification while at Werner may have been registered with the Tennessee DMV by now, as well as on your DAC/USIS. It is important that you be prepared to provide to employers all necessary medical information that shows these problems have been corrected, and that you have demonstrated the ability to stay healthy so these problems do no occur again.


Deborah

Grand Junction,
Colorado,
U.S.A.
Health and Safety

#10UPDATE EX-employee responds

Thu, October 25, 2007

I drove for Werner (aka DMI) for a few years, and have 12 plus years over-the-road. I also have a strong medical background, and am an Medical Emergency First Responder and instructor. I will go by the information provided by you in your report: First, your systolic blood pressure is 140. That is Stage I Hypertension. You can only qualify for a one year medical certification based upon that information alone, even though this is a low risk form of hypertension. Get with a doctor and get it taken care of before it gets worse, and you can easily get the normal two-year certification. Second, the edema in BOTH legs combined with the hypertension is a sign of significant risk of DVT's, especially given the nature of a trucker's job. Add to that your lack of physical activity and obesity, and I have to agree that I wouldn't want you driving an 80,000 pound missile around my family. Third, and this is just me, I would have serious concerns about your physical limitations regarding your right ankle. Driving is not the only part to this job. There is some walking, standing for prolonged amounts of time, etc., all of which I'm sure can be addressed easily under the "reasonable accommodation" rules under ADA. My concerns kick in regarding your safety. Can you remove yourself by foot without aid of the devices you mentioned in order to save your own life? Can you move suddenly to avoid a forklift? You should contact your local state unemployment office (or whatever they call it). They may have resources to assist you in getting the required medical care and tests needed to have you re-instated at Werner, or to find employment with another company. Be aware that your medical disqualification while at Werner may have been registered with the Tennessee DMV by now, as well as on your DAC/USIS. It is important that you be prepared to provide to employers all necessary medical information that shows these problems have been corrected, and that you have demonstrated the ability to stay healthy so these problems do no occur again.


Jenna

Nunya,
Arkansas,
U.S.A.
Sorry for the position your in but...

#11Consumer Comment

Fri, September 21, 2007

I am of the motoring public, and although I do feel badly for you situation, I think Werner did the right thing. They shouldnt have passed you on a DOT physical in the first place, and its a good thing that whatever terminal you were in was able to catch it and see that it was unsafe for you to be behind the wheel of a tractor-trailer. If you cant walk a quarter mile without a wheel chair, you shouldnt be operating a truck on the road when im driving next to you with my children in the back seat. I wish you the best of luck and hopefully, you are searching for new oppurtunites.


Jenna

Nunya,
Arkansas,
U.S.A.
Sorry for the position your in but...

#12Consumer Comment

Fri, September 21, 2007

I am of the motoring public, and although I do feel badly for you situation, I think Werner did the right thing. They shouldnt have passed you on a DOT physical in the first place, and its a good thing that whatever terminal you were in was able to catch it and see that it was unsafe for you to be behind the wheel of a tractor-trailer. If you cant walk a quarter mile without a wheel chair, you shouldnt be operating a truck on the road when im driving next to you with my children in the back seat. I wish you the best of luck and hopefully, you are searching for new oppurtunites.


Jenna

Nunya,
Arkansas,
U.S.A.
Sorry for the position your in but...

#13Consumer Comment

Fri, September 21, 2007

I am of the motoring public, and although I do feel badly for you situation, I think Werner did the right thing. They shouldnt have passed you on a DOT physical in the first place, and its a good thing that whatever terminal you were in was able to catch it and see that it was unsafe for you to be behind the wheel of a tractor-trailer. If you cant walk a quarter mile without a wheel chair, you shouldnt be operating a truck on the road when im driving next to you with my children in the back seat. I wish you the best of luck and hopefully, you are searching for new oppurtunites.


Jenna

Nunya,
Arkansas,
U.S.A.
Sorry for the position your in but...

#14Consumer Comment

Fri, September 21, 2007

I am of the motoring public, and although I do feel badly for you situation, I think Werner did the right thing. They shouldnt have passed you on a DOT physical in the first place, and its a good thing that whatever terminal you were in was able to catch it and see that it was unsafe for you to be behind the wheel of a tractor-trailer. If you cant walk a quarter mile without a wheel chair, you shouldnt be operating a truck on the road when im driving next to you with my children in the back seat. I wish you the best of luck and hopefully, you are searching for new oppurtunites.


Steve

Bradenton,
Florida,
U.S.A.
File a US DOL complaint immediately.

#15Consumer Suggestion

Thu, August 23, 2007

Kimberlee, Although this is not actually disability discrimination, they have engaged in some questionable employment practices. The only bad news is that a company can request that you get a new DOT physical anytime they deem fit, due to apparant changes in your health. However, when an employer requests physicals or other tests, outside what is normally required, they are obligated to pay for it. I believe Werner is a federal contractor. If this is correct, you need to file a written complaint with the OFCCP division of the USDOL. OFCCP = Office of Contract Compliance. You can file it online. I have a case pending with that office and they are very thorough, They are currently doing an on site inspection at my employes location yesterday, today and tomorrow. For more info on my case just search tropicana here on ROR and also wee blogs on my ebay and yahoo 360 pages. Just search "Tropicana Products" or "Tropicana Manufacturing". In the mean time, you need to actually get rated as a disabled person. Apply for SS disability and/or a disabled parking placard. Also go to your local jobs/unemployment office for an assessment. Good luck.

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