Facet Mediated Pain & the ODG....

Facet Mediated Pain & the ODG in AZ Workers' Compensation

By Founding Partner/Attorney Chad Snow

Snow, Carpio & Weekley

           

More and more, spine specialists are pointing to the facet joints as possible pain generators in low back injuries.  The facet joints are the joints in your spine that make your back flexible and able to bend and twist.  Like any other joint in the body, they are susceptible to injury.  

The problem with diagnosing facet joint injury and pain is that there is no diagnostic test that specifically without doubt demonstrates a facet injury.  So doctors are left to other methods of diagnosis such as the physical examination and subjective complaints of the patient.  A physical exam where pain is greater in lumbar spine flexion and rotation than extension can be indicative of an injury to the facet joints. An additional diagnostic tool that physicians can use for facet pain is a medial branch block.  This is where the nerve that provides feeling to the joint is blocked with an anesthetic.  If this gives temporary pain relief greater than 70%, the facet joint can be pointed to as the pain generator.  

A growing list of pain management doctors treat facet mediated pain with a procedure called a radio frequency ablation, which “burns” the nerves that innervate the facet joint.  This procedure can provide relief for about 18-24 months until it needs to be repeated.  The Official Disability Guidelines, which are evidence based guidelines for chronic pain used at the Industrial Commission, are generally supportive of this method of diagnosis and treatment of facet joint injury and pain. 

For more information on Workers' Compensation or Social Security Disability, please contact Snow, Carpio & Weekley toll-free at 855-325-4781 or visit our website at www.workinjuryaz.com. We serve the entire State of Arizona and have offices located in Phoenix, Tucson, Yuma and Lake Havasu City.

CHOICE OF DOCTORS

CHOICE OF DOCTORS

By Chad Snow, Founding Partner

WE HAVE WRITTEN SO MANY BLOGS ON THIS TOPIC BECAUSE IT IS ONE OF THE MOST IMPORTANT ASPECTS OF WORK INJURY CASES IN ARIZONA.  

THE INJURED WORKER’S TREATING DOCTOR IS OFTEN THE MOST IMPORTANT PART OF A SUCCESSFUL CLAIM.  THE TREATING DOCTOR DECIDES WHAT TREATMENT IS NEEDED FOR THE INJURY, WHEN THE WORKER CAN RETURN TO MODIFIED/LIGHT DUTY, WHAT PERMANENT DISABILITY THE WORKER GETS, AND THE AMOUNT OF SUPPORTIVE MEDICAL CARE THAT IS NEEDED IN THE FUTURE.  

AT SNOW, CARPIO, & WEEKLEY, WE HAVE A NETWORK OF TREATING DOCTORS IN ALL SPECIALTIES WHO HAVE VAST EXPERIENCE IN INDUSTRIAL MEDICINE.  IF YOU HAVE A DOCTOR WHO DOES NOT TREAT MANY INJURED WORKERS, HE OR SHE MAY NOT BE AWARE OF WHAT NEEDS TO BE DONE TO HAVE A SUCCESSFUL WORKERS COMP CLAIM.  

EVEN WORSE, IF YOU HAVE A DOCTOR WHO GETS A LOT OF THEIR BUSINESS FROM INSURANCE COMPANIES, THEY MAY BE MORE INTERESTED IN DOING WHAT IS IN THE CARRIER’S INTEREST THAN YOURS.  

CHECK WITH US ANYTIME YOU HAVE A QUESTION ABOUT YOUR TREATING DOCTOR.  REMEMBER THAT IN MOST CASES THE INJURED WORKER CAN CHOOSE THEIR OWN DOCTOR, SO YOU’RE NOT REQUIRED TO TREAT WITH WHO THE INSURANCE COMPANY OR YOUR EMPLOYER SENDS YOU TO.  

HERNIAS IN ARIZONA WORKERS’ COMPENSATION

HERNIAS IN ARIZONA WORKERS’ COMPENSATION

By Dennis R. Kurth, Associate Attorney

Workers' Compensation Specialist

Hernias, a very common type of industrial injury, are treated differently from all other injuries in the Arizona workers’ compensation law.  They are divided into two categories under the statute depending on whether they are purely traumatically-caused or whether a pre-existing abdominal wall weakness contributes to the hernia.  (A.R.S. §23-1043(1) and (2)). 

“Real traumatic” hernias or “class one” hernias, are those caused by a direct injury to the abdominal wall, whether by a strain from lifting, external force or otherwise, which allows the viscera to protrude and where there is no proof of a pre-existing weakness such as a prior hernia or congenital defect.

These hernias are treated like almost all other injuries and the claimant’s burden of proof is to establish only that the work activity contributed to the development of the hernia.  Temporary compensation benefits for real traumatic hernias are the same as for all other injuries with no monthly limit on indemnity benefits.

“Class two” hernias encompass all other hernias and are the result of a combination of a work-related strain and a pre-existing abdominal weakness.  Apparently, the drafters of this legislation felt that such hernias would be much more ubiquitous than real traumatic ones and because not solely the responsibility of industry, deserving of only limited compensation.

The drafters also added some additional requirements, beyond the normal burden of proof, to these type of hernias: (1) the immediate cause must be a “sudden effort or severe strain or blow”; (2) that the descent of the hernia immediately followed the cause; (3) that the cause was accompanied by severe pain; and, (4) that the pain was so severe that the claimant reported it immediately to one or more persons.  (A.R.S. §23-1043(2)(A-D)).

Fortunately for claimants, because the workers’ compensation law must be liberally construed, it is not necessary to establish every requirement to the letter and case law under the statute has softened the requirements considerably.  Immediate descent means anything from several minutes to several days.  Severe pain, a very subjective standard, can mean some pain or even no pain.  Immediate communication to one or more people means within a reasonable time.  All of these matters of proof are questions of fact for the ALJ.  The distinction between the two classes of hernia is a medical question to be addressed by the doctors.

If all of the statutory criteria for class two hernias are met and medical testimony establishes a causal relationship to the work activity or strain, compensation is payable for only two months, which is usually sufficient to cover the normal recovery time after surgery. The two month compensation limit, however, does not apply if the treatment/surgery leads to complications which delay recovery and/or necessitates further medical treatment.  An example of such complication could be an infected mesh which requires further surgery.

Workers’ compensation carriers tend to treat all hernias as class two hernias without regard to the details.  Usually a claimant will have to successfully litigate the issue to have a compensable class one hernia.  Such injured claimant should consult a worker compensation specialist to see if their injury can be classed as a real traumatic hernia rather than a class two hernia.

The Treating Physician Rule

The Treating Physician Rule

By Nicholas Wearne, Associate Attorney

Code of Federal Regulations Section 404.1527(2)(c)(1) states that the Social Security Administration will give more weight to a source that has examined and treated you than one that has not examined and treated you.

When you apply for Social Security Disability your file will be reviewed by many different people including doctors.  The doctors who review your file will likely take a stance or make a determination regarding what your work restrictions should and should not be.  While your initial application can be denied for many different reasons, a reason that I see often is that the reviewing doctors felt my clients could return back to a level of work where there are not disabled.

How is this possible when the law states that your treating doctor is supposed to be given more weight than a doctor that has not examined you?  It usually happens because peoples treating doctors have not given an opinion on what they are and are not able to do as far as work.  If your treating doctor has not given you specific work restrictions then there is no opinion to refute the one given by the reviewing doctors with social security disability. 

When I sign social security applicants up for representation one of the first things I do is get an opinion on file from the treating doctor regarding what they are and are not able to do as far as work.  They may still get denied at the initial levels but will have a solid legal argument that they are disabled.  I refer to Section 404.1527 in almost every hearing I do.  If you believe yourself to be disabled and would like help in getting an opinion regarding work restrictions from your treating doctor, contact Snow Carpio and Weekley for a free consultation.

MEDICAL RELEASES

MEDICAL RELEASES

By Dennis R. Kurth, Associate Attorney

Certified Workers' Compensation Specialist

Medical releases can be problematic in Arizona workers’ compensation cases.  The Arizona statute says that the medical records of a physician treating an injured worker are not privileged communications that can be withheld from “interested parties” (insurance carriers) who need the information “…for a proper understanding of the case and a determination of the rights involved.”  Consequently, a claimant must sign a medical release when requested by the carrier.  (A.R.S. §23-908(D)). There is often tension, however, between the carrier’s right to get medical records and the claimant’s right to privacy and to assert their doctor/patient privilege.

There is also a category of medical records unrelated to a claimant’s industrial injury that are considered discoverable by the carriers and their lawyers.  Those would be records of treatment for a condition similar to the industrial injury in the past.  For example, if a claimant who sustains a low back injury at work had a prior low back surgery and pain management treatment, the carrier would certainly be entitled to those records “…for a proper understanding of the case.”

Problems arise, however, when a claimant, usually one unrepresented and entering into litigation at the Industrial Commission, is presented with a medical release from the carrier or its lawyers, requiring them to give the carrier and lawyer access to any and all medical records from any doctor who ever treated the claimant for anything.

These unlimited medical releases would give the carriers and their lawyers access to sensitive, personal records of mental health, sexual dysfunction or infectious disease treatment without regard to the nature of the claimant’s industrial injury.  There is always the potential that such sensitive, personal records might be used by the carrier’s attorney to embarrass the claimant at the hearing.

These open-ended medical releases usually arrive with a packet of discovery paperwork like interrogatories and a deposition notice as well as correspondence from the carrier’s lawyer threatening the claimant that the release cannot be changed or modified according to HIPPA but can only be signed and returned.  This, even though HIPPA doesn’t apply to workers’ compensation medical releases.

Clearly, carriers are not entitled to such a broad unlimited, medical release under the law.  The workers’ compensation statute also states that medical records pertaining to conditions unrelated to the industrial injury “shall remain privileged.”  (A.R.S. §23-908(A)).  A claimant who objects to signing an unlimited medical release would be on solid legal ground in doing so.

Initial Treatment

Initial Treatment

By X. Alex Carpio, Partner

As a workers' compensation attorney I always look at the initial medical records. The initial records are probably the most important piece of information in any workers' compensation case for two reasons. 

1) The mechanism of injury - the initial record will let us know how the injury occurred and if it was at work. It's important to report how you got hurt and that you were hurt at work. 

2) Body parts injured - make sure you complain to the doctor about all the body parts you injured at work. This is important because the insurance company will focus on what you complained about initially. This is also important because insurance companies will deny in future treatment to any body parts you didn't complain about initially. 

It is important to let your doctor know what hurts at your first visit. Some medical providers will only focus on one body part and not list other problem areas. It's imperative that you review the medical reports and ask your doctor to make any changes that are inaccurate. I have had many cases where the initial medical report fails to list how someone was hurt, what body parts were injured and fails to state it was a work injury. Make sure you get a copy of the initial medical record and request any corrections as it is your legal right. 

Tips for Injured workers when they visit a doctor.

Tips for Injured workers when they visit a doctor.

By Erica Melendez, Attorney

Snow, Carpio & Weekley

Many injured workers are not aware of the importance of every visit to the doctor.  When you visit a doctor for treatment of a work injury, every single medical note the doctors write is possible evidence in a future hearing about your medical treatment.

At your first doctor visit it is crucial to tell the doctor EVERY SINGLE PART of your body that was injured and make sure the record is documented.  When a devastating injury is suffered to one part of the body, often other parts of the body that are injured are overlooked.  Its important to report the other injuries to the doctor as soon as you are aware of them.

Being specific is another important aspect of your conversations with your doctor.  If you can, pinpoint your pain to a particular spot, not an area.  If you have back pain that radiates down your legs, specify whether it’s the front of the leg, back of the leg inside or outside and be specific about where the pain or numbness begins and ends.  If you are not specific, the doctor can write down that your pain complaints are “diffuse” which is code word for exaggerating.

Be consistent in you reporting of symptoms.  Don’t exaggerate but don’t minimize either.  If you minimize a problem that gets worse later, the medical records become inconsistent.  All of these factors are important to your credibility.

Be sure to clarify your work restrictions with your doctor at each visit.  Get a copy of your work restrictions in writing.  Your work restrictions are important to insure you are not re-injured and are giving your body a chance to heal.  Work restrictions also affect how you are paid if you are not working during your recuperation.  Keep track of your work restrictions and follow them carefully.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Letter from the Industrial Commission of Arizona, dated 03/06/15 Regarding Medical Care

The following letter has been put out to the Arizona Community regarding medical care.

If you have any questions regarding medical care, an injured worker's right to choose their own doctors or any other questions related to Workers' Compensation or Social Security Disability, please call out office at 855-325-4781 or visit our website at www.workinjuryaz.com.

The attorneys and staff at Snow, Carpio & Weekley are dedicated to serving the needs of injured workers and disabled members of our community and State.

The ramifications of receiving medical care in rural communities

Special Considerations for Workers’ Compensation Cases in Rural Arizona

The ramifications of receiving medical care in rural communities

By Attorney Brian Weekley, Partner

Snow, Carpio & Weekley, PLC

Snow, Carpio & Weekley handles cases all over the State of Arizona. We have full time offices in Phoenix and Tucson. We also have dedicated office space in Yuma and Flagstaff. We are able to use offices virtually all over the State of Arizona. Because of this statewide presence, we have lots of experience with cases from the state’s smaller communities. there are several peculiarities about these cases that are worth noting.

First, smaller communities do not have the depth or diversity of medical care offered in a larger city.  Your town may have an orthopedic surgeon, but it is unlikely that that surgeon will be subspecialty trained in foot and ankle, upper extremity  or other subspecialties.  

Also, most small town physicians are not fluent in the language of industrial medicine. This is the language that will be applicable throughout the life of your case. Are you stationary? Is there ratable permanent impairment? Do you need supportive medical care? What diagnostic testing is necessary? Is your injury or need for treatment related to your industrial injury? What is the nature of your industrial injury?

In order for you to have as strong a case as possible, your physician must be able to articulate and communicate his or her opinions on these and many other subjects. They must communicate in written reports and also, if necessary, through oral testimony at a hearing at the Industrial Commission of Arizona.  This is exactly why IME physicians ( Independent Medical Examiners) have an advantage over local practitioners. They know the questions and answers. They understand what the Judge is looking for. They know how to build a case with medical evidence. They communicate with their defense attorneys. The sum of these efforts is a smoothly presented case…often against the injured worker.

There are many excellent specialists in our larger urban areas who are fair and willing to “ go to bat” for injured workers. They will provide the same level of testimony as their defense counterparts. This gives parity, or levels the playing field, for injured workers.

There are some very good physicians in rural areas of Arizona. However, a stronger case can usually be made if the injured worker is willing to travel to a seasoned veteran of our industrial medical system. In most cases, the worker is able to choose his or her own physician. The exception is if the worker is employed by a self insured employer. In that case, the employer can direct care.

If you or somebody you know has been injured on the job or is disabled, call our toll-free number at 855-325-4781 for a free consultation in either of our 4 offices or over the phone. You may also get more information on our website at www.workinjuryaz.com.

The Dangers of Dehydration

Did you know that by the time you feel thirsty, you're probably already 2 glasses below your normal water needs? Hydration is important ALL the time but especially at this time of year for us here in Arizona. 

Take a look at the diagram below to see the affects of dehydration on our bodies.

If you think you haven't been consuming enough water lately and are concerned about dehydration. Look at the symptoms below and decipher whether you need to drink a couple more glasses of water. If you are ever in doubt, seek medical attention immediately for anybody who may be experiencing a heat-related illness.

Snow, Carpio, and Weekley

The Importance of Treating Doctors

I tell my clients that having a good doctor is one of the most important aspects of their workers' compensation case. Without the support of their treating physician the attorney and the client will have an uphill battle. The insurance carriers select the same and few doctors to do independent medical exams to close an injured workers case or limit the scope of their injury. An injured worker's doctor must be able to articulate in court why his opinions and treatment recommendations are reasonable and medically necessary. If the treating physician is not familiar with several aspects of the workers' compensation process or is not responsive to the injured workers' attorney, the injured worker will have difficulty obtaining the medical treatment being recommended.

Disturbing Talk About What Your Doctor Doesn't Know

I have an app on my I-phone to a website called ted.com that has interesting speakers lecturing about a variety of timely topics. Listened to one this morning that is jaw-dropping in its revelations about what doctors don't know about the medications they prescribe and incredibly damning of the concept of "evidence based medicine" that many insurance carriers would like to make the hallmark of the Arizona Workers Compensation system.  A link to the talk is below. 

What Doctors Don't Know About the Drugs They Prescribe

Goldacre is a physician/researcher who talks about how negative trials of medicines or treatments don't get published in peer-reviewed medical journals because they aren't as sexy.  As a result, doctors don't have all the information they need about medications and this can result in the deaths of hundreds of thousands of patients a year due to uninformed doctors. 

The part that caught my attention as a workers compensation attorney was what Goldacre described as the "cancer at the core of evidence based medicine".  EBM is a system of medical care in which individual doctors' choices are severely limited to pre-determined treatment based on "evidence" of research that has been done on that specific diagnosis.  Goldacre exposes the severe fundamental flaws in relying on the "literature" in making treatment decisions. 

Chad T. Snow is an attorney practicing in Phoenix and Tucson Arizona who represents workers injured on the job.  He can be reached through his firm's website: Snow, Carpio, and Weekley.

What is a Functional Capacity Evaluation (Arizona Work Injury Claims)

In many Arizona workers compensation cases, the injured workers permanent restrictions dictate how much compensation is received for their injuries.  Determining permanent work restrictions is an art, and restrictions can vary significantly between doctors.  For example, John Beghin, a local spine surgeon who is the darling of the insurance carriers, believes that anyone who has had spine surgery is magically healed and rarely recommends permanent work restrictions.  To say that a 60 year old man with a three level spine fusion can return to work as a roofer is a little ridiculous, but I digress...

One manner that some doctors prefer to use to determine work restrictions is a Functional Capacity Evaluation.  Most of these evaluations are done by physical or occupational therapists and involve several hours, often over two or three days, simulating work-like activities and measuring the injured workers tolerance of those activities.  It seems to be a more objective measure of work capability than the doctor pulling restrictions out of....  (My partner, Alex Carpio, once had a client who weighed 98 pounds that the insurance carrier's doctor said could life up to 100 pounds on a continuous basis in spite of her back surgery!) 

Chad Snow is a workers compensation attorney at the firm of Snow & Carpio.  With offices in Phoenix and Tucson Arizona, he can be reached at (602) 532-0700, (520) 647-9000, or on the firm's website at Snow, Carpio, and Weekley.

What Pharmacy to Use When Injured at Work in Arizona

A trend I have seen in the last couple of years in Arizona workers compensation claims is carriers trying to steer injured workers to use pharmacies with whom they have special discount arrangements.  Many times, the carrier will send out a "prescription card" or some other method of making the injured worker believe that they are required to use that pharmacy or network.  As with many things carriers try to do, this is not the case!

Just like selecting a treating doctor, an injured worker in Arizona has the right to choose his or her own pharmacy.  Many doctors self-dispense medications which is a great convenience for the injured worker.  We have also had a very good experience and highly recommend Injured Workers Pharmacy(IWP), which is a very reputable nationwide pharmacy specializing in servicing those injured on the job.  What I like about IWP is that they fill the prescription immediately and deal with the insurance company later, which ensures that our clients get their medications as soon as possible. 

Any questions about medical treatment or pharmacy needs in an Arizona work injury claim can be directed to our firm through our website at Snow, Carpio, and Weekley.

How to Describe Your Work Injury

To help your medical providers to properly document the history of your work injury, you should provide them with a one sentence history they can write down, such as: “On February 2, 2010, I hurt my neck, left shoulder, and right knee when I fell down a flight of stairs at work.” Keep it as concise, consistent, accurate, and as simple as possible.

Being injured and in pain can be a stressful time in your life. Oftentimes during this confusing period after the accident, your pain complaints and treatment may be focused to one area of the body, but with other injured areas possibly mentioned and not treated. All injuries may not have been discussed or, at least, noted at the emergency room visit or subsequent doctor visits due to embarrassment, a stoic demeanor, a desire to protect the employer, or a focus on the primary injury.

If all injuries that you believe relate to your work injury were not listed on the initial medical notes, make an appointment with that doctor or another doctor to have him or her examine the other parts of your body. Also, you should tell your employer what you believe to be the initial injuries and what you believe to be part of the entire claim. Inability to have a paper trail documenting all of your injuries could impact what injuries are covered, both for wage loss and medical purposes, with catastrophic unforeseen results.

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.

In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Workers' Compensation Tip of the Day:

In cases where the person needs in home health care, the carrier can pay a family member to do it in place of a professional caregiver.

Often my seriously injured clients cannot take care of basic necessities such as:

• bathing

• dressing

• meal preparation

• driving

• cleaning

Many clients are surprised to learn that their husband, wife or significant other can ask for payment for "attendant care" of an injured worker at home.

 

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.

In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Can Workman's Comp Carrier Tell Me Where to Get My MRI?

An issue I've run into quite a bit recently is that of carrier's trying to direct injured workers to facilities of their choice for diagnostic tests such as MRI's and doctors of their choice for EMG studies.  As I've posted on here several times, one of the most important and fundamental rights of an injured worker in Arizona is the right to choose his or her own treating doctor.  While the Workers Compensation Act allows the carrier to have the injured worker examined "periodically" by a physician of their choosing, I don't think that extends to choosing where diagnostic procedures are done and by whom.  Especially in the case of a semi-invasive procedure such as an EMG study. 

I recently filed a Motion for a Protective Order in one of these cases and the Administrative Law Judge at the Industrial Commission agreed.  Her order relieved the applicant of any duty to attend the studies that had been scheduled by the carrier and instead indicated that the treating doctor has the right to decide where and by whom diagnostic studies are done. 

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona.  For more information on workers compensation claims in Arizona, you can reach Chad through his website at Snow, Carpio, and Weekley, or by calling the offices at (602) 532-0700 or (520) 647-9000. 

Tiebreaker IME's in Arizona Workers Comp Cases

One issue that is frequently litigated in Arizona work injury claims is whether or not additional medical care is necessary or not and whether or not it is related to the industrial injury. Usually there is a treating doctor on the side of the applicant wanting to perform additional care and a defense medical expert on the side of the carrier saying either that no further care is needed, or that any additional treatment is not related to the work accident.

The problem with litigating these medical issues is that they can often take forever to litigate, often up to 10 or 12 months. Meanwhile, the injured worker is suffering and not receiving any compensation. One solution that I often recommend to my clients is proposing a "tiebreaker" IME to the carrier/employer's attorney. A tiebreaker is a truly "independent" medical exam where the physician is agreed to by the two parties and a joint letter sent explaining the tiebreaker agreement.

There are positives and negatives about these kinds of agreements. On the positive side, the injured worker gets a decision about their claim much sooner and it is made by a doctor, not a judge. On the negative side, if the doctor indicates that no further treatment is needed, the injured worker is bound by that opinion.

Tiebreaker IME's aren't always the best option, but in cases where I feel that the diagnostic testing is strong and my client is very credible, I'm comfortable recommending them as an alternative to the lengthy litigation process.

Chad T. Snow and his associates at Snow, Carpio, and Weekley are workers compensation attorneys in Phoenix and Tucson Arizona. Their office can be reached at (602) 532-0700 or (520) 647-9000.

SCF Won't Buy Your Weed

 If you were sitting around munching on Cheetos wondering if you could get the workers compensation carrier to pay for your pot, you are soooorely mistaken.  In a blow to stoners injured on the job everywhere, SCF recently put out an official statement that they will not cover medical Maui Wowie even if the injured worker has a valid registry identification card. 

Voters last year in Arizona approved the Arizona Medical Marijuana Act which allows cardholders registered with the State Department of Health Services to obtain or cultivate their own Mary Jane.  However, SCF - the state's largest workers comp carrier, takes the position that the law does not require an insurance company to cover the medical use of Wacky Tabacky.  Their justification is that insurance companies in several other states have taken the same position and that possession of Ganja is still a federal offense. 

So if you just had your spine fused and the only thing that can take care of your pain is a little Acapulco Gold, you're gonna have to talk to your other friends, because SCF is Bogarting the Doobie.

For more info see:  https://www.scfaz.com/about_us/pubs_legal_briefs.php?load=pubs_legal_briefs_q4_10.html

Chad T. Snow is a workers compensation attorney in Tucson and Phoenix Arizona.  He has never smoked marijuana although he did try to smoke shredded jerky once at Scout camp.  He and his associates at Snow, Carpio, and Weekley can be reached at (520) 647-9000, (602) 532-0700.

Injured Worker's Duty to Inform Carrier of Surgery

Something we've run into recently on a couple of cases that bears mentioning here is the duty that a worker injured on the job in Arizona has to notify the employer's insurance carrier of a pending surgery at least 10 days before it takes place.  This general rule is true for any medical treatment for which the carrier may ultimately be responsible.  It is true even if the carrier has denied your claim or has closed out your accepted claim. 

Many of our clients who have denied or closed claims decide to go ahead and proceed with their surgery through their private health insurance rather than wait the 8-12 months that it can sometimes take to get a decision through the Industrial Commission.  That is fine - if the claim is ultimately accepted or reopened, the industrial carrier simply reimburses the private insurance company for bills they've paid.  However, if the injured worker fails to give the workers comp carrier adequate advance notice of the surgery, the carrier can be relieved of their liability to pay for the surgery or other treatment.  The rationale for this is that the carrier has a right to have the worker evaluated by a physician of their choosing prior to undergoing the surgery.  Think of your injured body part as "evidence" - they have a right to examine that evidence before you change it. 

If you fail to give adequate notice and the carrier is relieved of having to pay for the surgery, they may still be liable for compensation and other post-surgical expenses after the date that they are notified. 

Chad T. Snow is a workers (workmans) compensation attorney in Arizona.  He has offices in Phoenix and Tucson. He and his associates at Snow, Carpio, and Weekley can be reached at (602) 532-0700 or (520) 647-9000.