Clausen: Did Postal Service force out injured workers?
- Former employees claim a National Reassessment Program illegally forced them out of work.
- A national class action case originated with a former Rochester-area letter carrier hurt on the job.
Frank Loose was close to leaving work for the day when a co-worker operating a forklift ran over his foot, crushing three toes, 10 years ago.
The operator put the machine in reverse and rolled over his foot a second time. The incident followed a dispute at the U.S. Postal Service plant on Lyell Avenue and led Rochester police to charge the operator with second-degree assault, a felony.
It left Loose, now 55, to fight a couple battles.
One has included a long road to recovery filled with endless hours of rehab, multiple surgeries, injections and medications for the pain, a noticeable limp and permanent damage to three disfigured toes.
His other battle is part of a national class action case against the U.S. Postal Service, involving its National Reassessment Program.
"It was used to identify people injured on duty," Loose said. "It was being used by some managers to simply remove people that had been there for a period of time and injured on duty assignments; to try to remove them from the payroll and bring in new people that were able-bodied."
Sandra M. McConnell, a former Rochester-area letter carrier, initially brought the case that now is working its way through the U.S. Equal Employment Opportunity Commission. She brought the complaint after severely injuring her back in a fall while delivering the mail.
She was out of work for about a year, before returning with various restrictions prescribed by her doctor, according to complaint.
The postal service did find work for her until 2006, when she was removed due to the "discriminatory impact" of the National Reassessment Program, according to the complaint.
The program, the complaint continues, lays out ways managers should handle injured workers returning to duty, how they are classified, the documentation needed, whether other work accommodations can be made and what the results if accommodations can’t be made.
McConnell said the program failed to provide reasonable accommodations under the law, created a hostile work environment, inappropriately exposed workers' medical information and created an adverse impact on disabled employees.
An administrative judge ruled in December that the case could go forward although the Postal Service has filed an objection. A spokesperson for the postal service said the organization does not comment on pending litigation.
Loose said the case involves thousands of current and former Postal Service workers across the country, including about 70 people in Rochester and Buffalo areas. It focuses on those working in Western New York, along with those in the New York City and San Diego areas.
"It has to stop," Loose said. "People are losing their homes, their retirements, their savings. What are those people going to do? What am I going to do?"
Loose saw his earnings cut. He lost his Rochester home. He ended up losing his job with the Postal Service as a result of the program, he added.
He has trouble sleeping. He puts in countless hours in water therapy and rehab work at area facilities.
He carries a large binder of roughly 600 pages chronicling his injuries, the case and everything else.
It could be months before a final ruling on the case will be delivered.
"This was a result of a few people just trying to save the company some money but in the wrong way," said Loose. "I am committed completely and totally to making sure that people that do this don't do this anymore. Sometimes I can't believe I am involved in this. This isn't right. It's illegal. But now that I am I will be. It affects people. It's affecting me.
"I know I am telling the truth."
Todd Clausen is the work life reporter for the Democrat and Chronicle. Email him at TCLAUSEN@Gannett.com or call (585) 258-9883.