Bad Faith in Arizona Work Comp Claims

I have written previously about "bad faith" as it pertains to an Arizona workers compensation claim.  Insurance carriers have a duty to process a claim in "good faith", which means that they cannot take any action which is arbitrary, capricious, or does not have a reasonable basis in fact.  For example, a carrier cannot just deny a claim because they want to - they have to have a legitimate reason for doing so.  A carrier that is found to have committed bad faith in a work injury claim in Arizona can be forced to pay a penalty of $500 or 25% of the amount in issue, whichever is greater. 

Some of the more common examples of bad faith in Arizona work comp claims are carriers failing to pay compensation in a timely manner, carriers refusing to approve recommended medical care, and claim representatives having improper communications with a represented applicant.  The Industrial Commission's Claims Division, under the new leadership of attorney Melinda Poppe, seems to be taking legitimate complaints of bad faith and unfair claims processing seriously. 

Chad Snow is a workers comp attorney in Arizona, with offices in Phoenix and Tucson. He can be reached at the firm's website at Snow, Carpio, and Weekley.

Notices of Average Monthly Wage

One of the most important things we do as workers compensation attorneys is make sure that the injured worker's "average monthly wage" (AMW) has been set correctly.  This is important because all compensation that an injured worker receives in their claim is based on the AMW. There are various methods of calculating the AMW.  The presumptive method is by taking the injured worker's earnings during the 30 days prior to the injury.  If the 30 days prior does not accurately reflect what the worker earned during an average month, the Industrial Commission can "expand the wage base" - taking a longer period of time and coming to a monthly average.  For example, if a construction worker had fewer hours in the month before his injury due to bad weather, it may be favorable to take an average of the monthly earnings during the prior 12 months. 

The problem in calculating the Average Monthly Wage is that the current process is almost entirely in the hands of the insurance carrier, which has an obvious interest in setting the wage at the lowest possible amount.  The carrier is supposed to issue a form 108 within 30 days of the injury, which sets the AMW.   The ICA then can either adopt this recommended wage or set a different wage, although they rarely vary from what the carrier has recommended. 

There are rumors that the Commission's Claims Division is going to start seeking input from the injured worker prior to determining the wage.  This should result in a fairer and more accurate calculation of the worker's true earnings. 

Chad T. Snow is a workers compensation attorney 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. 

Maximum Average Monthly Wage for 2012

The Industrial Commission of Arizona has calculated the maximum average monthly wage for work injuries occurring in calendar year 2013 at $4,185.78.  This is a 74% increase in the maximum wage since 2007.  In 2006 a group of attorneys who represent injured workers in Arizona lobbied at the state legislature for an increase in the maximum wage, which had been stuck at $2,400 for several years and was among the lowest in the country.  The wage has been increased to $3,000 in 2008, $3,600 in 2009, with indexed increases every year since.  This is a boon for higher wage workers with permanently disabling injuries, who previously were only compensated a small fraction of their lost earning capacity.

Snow, Carpio, and Weekley

Best Time to Get an Attorney In Arizona Work Comp Claim

Too many of our clients and prospective clients wait too long to get an attorney in their cases.  The best time to get an attorney is as soon as possible after your injury.  Most Arizona Workers Compensation attorneys offer a free consultation and it is always best to know your rights from the very beginning.  Clients who wait until their claim is closed or their compensation or medical treatment have been cut off are very difficult to help.  By that time, the file may be full of medical reports that are unfavorable to your claim.  Your average monthly wage is usually set shortly after your injury and is often set incorrectly by the carrier.  If you wait too long to hire an attorney, it may be too late to protest an incorrectly set wage - upon which all compensation paid is based. 

At Snow & Carpio, there are many things we can do early on in a case to insure that we obtain a more favorable result for our client when it comes time to settle their case.  These include selecting supportive doctors, ensuring compensation is paid correctly, keeping nurse case managers off the case, and making sure that all body parts injured are accepted.  Also, since we usually only charge a fee on the compensation that is paid at the end of your case, you are paying the same fee regardless of whether you hire us at the end or the beginning.  Hiring us earlier makes our job easier, and your case better. 

Chad T. Snow is a workers compensation attorney with the firm of Snow, Carpio, and Weekley, PLC.  With offices in Phoenix and Tucson, the firm handles exclusively workers compensation and Social Security Disability claims.

Social Media in Workers Compensation Claims

We have had a number of clients recently whose claims have been negatively impacted by information that the carrier has obtained through the injured worker's social media sites, such as Facebook, Twitter, MySpace, Instagram, etc.  Remember that insurance carriers have tremendous resources to find information upon which to base a denial of a claim, denial of treatment, or cutting off of compensation.  Be very careful with the information you post on public social media and aware that it may negatively impact your case.  Here's some free legal advice based on a few unfortunately very real examples: 

Do not post pictures of your recent river trip three weeks after your shoulder surgery!

Do not put links to your favorite porn sites on your Facebook!

Do not list a current employer when you are telling the carrier and ICA that you aren't working!

Don't have your friends posting all over your wall about all of your partying!  Even though you can still have a good time when you're injured, it doesn't look good. 

Remember that if you ever have to go to court on any issue in your claim, your credibility will be at issue.  Anything you post on your Facebook or other social media can and will be used against you!


Chad Snow is a workers compensation attorney with office in Phoenix and Tucson.  He can be reached at (602) 532-0700, (520) 647-9000, or through Snow, Carpio, and Weekley's website.

Ever wonder if those Ergonomic Keyboards really make a difference?

According to a CDC report, "....there is little information to assist

people interested in purchasing alternative keyboards. While the scientific evidence about whether alternative keyboards prevent musculoskeletal disorders is inconclusive at

this time, this document provides basic information about common alternative

keyboard designs and their effects on work posture".

I tried out one of these funny looking keyboard awhile back and it brought nothing but frustration. It slowed down my typing, cause me to making numerous typing errors and in the end; I put it away in the supply closet and brought back out my old, flat, nothing fancy keyboard.

If your curious about all the different types of ergonomic keyboards and what they are supposed to help with, check out this article: http://www.cdc.gov/niosh/docs/97-148/pdfs/97-148.pdf.

Snow, Carpio, Weekley

Blog posted today by April Lang, Business Manager

in the absence of Chad Snow, Attorney.

Here it is!

Attorney at Law Magazine - July Issue featuring Snow and Carpio, PLC as Law Firm of the Month!


Click on the link to be directed to the publication directly.

Keep Your Attorney Informed

Our office at Snow, Carpio, and Weekley have had a recent rash of clients who have failed to keep my office informed about their whereabouts. Oftentimes in workers comp cases, your attorney needs to get a hold of you on short notice for medical appointments, court appointments and other information regarding your case. If we cant get a hold of you, oftentimes it makes it impossible to represent you adequately. If you have an attorney, make sure you always keep them informed about how they can reach you.

Welcome to Dustin Vidrine, a new attorney at our firm!

Dustin is a native of Ville Platte, Louisiana, and has resided in Arizona since 2006-living in Tucson for five years prior to calling Phoenix home.  He completed his undergraduate studies at Louisiana State University, earning a Bachelor of Arts (BA) in Political Science in 1999.  Dustin subsequently attended the Paul M. Hebert Law Center at Louisiana State University, where he was awarded a Bachelor of Civil Law (BCL) and a Juris Doctorate (JD) in 2006. In addition to being licensed in Louisiana, he is licensed in Arizona and with the US Federal Court, District of Arizona. Prior to joining Snow, Carpio, and Weekley, Dustin practiced primarily in the areas of Social Security Disability Law, Personal Injury Litigation, and Consumer Bankruptcy Law.  Currently, he devotes his entire practice to pursuing Social Security Disability claims on behalf of disabled workers throughout the State of Arizona.

Don't forget to check out Snow, Carpio, and Weekley's official firm Facebook page. Make sure to "like" it so that you can get the weekly updates!

http://www.facebook.com/pages/Snow-and-Carpio-Workers-Compensation-and-SSD-Attorneys/129899957064544



Look for the July 2012

Attorney at Law Magazine.

Snow and Carpio will be featured as Law Firm of the Month!

Congratulations

to the

Snow, Carpio, and Weekley Soccer Team

for advancing to the next round in the play-offs!

Look Who's Coming to  a Magazine Near You!

Snow and Carpio and Weekley, PLC

and our Attorneys Chad Snow, Alex Carpio and Erica Gonzalez-Melendez

will be featured in the July 2012 issue of Attorney at Law magazine!

Look for the article about our firm, photos of of our attorneys and information on our community activism and our amazing legal team!

Blog updated by April Snow, Office Manager

Safety Tip of the Day:



Safety Tip of the Day:

 

Don’t eat at your workstation and in front of your computer.

Eating in the workplace saves time but, be sure though that it is not done near computers and other electrical equipment.

Accidents caused by water must be avoided at all cost.

Snow, Carpio, and Weekley

Arizona Legislature Tries to Screw Injured Workers

There is an old saying that while you might not take an interest in politics, politics definitely takes an interest in you.  That is very true for injured workers during this session of the Arizona legislature.  Two bills in particular could result in very negative changes for those injured on the job.  Representative Karen Fann from Prescott has introduced the bills, almost definitely at the behest of ALEC, a national organization funded by large corporations that tries to enact changes in state legislatures which will enrich said large corporations, often at the expense of working people. 

The first bill would force all injured workers to treat with doctors chosen for them by the insurance carriers - a sort of workers comp HMO.  You can imagine the disastrous results this would cause for injured workers.  Most carriers would enlist a panel of extremely conservative doctors whose primary concern would be to cut costs for the carrier in order to maintain the relationship.  These doctors would provide a minimal amount of treatment and then tell the worker that they are fine and can go back to full work - even if they aren't.  This happens all the time currently when workers allow their care to be directed by the insurance company. 

The second bill would force treating doctors to follow pre-determined guidelines set by an out-of-state group - again with the goal being cost reductions for the carrier.  It would remove any independent judgement on the part of the doctor and severely limit their ability to treat injured workers according to their experience and on a case by case basis. 

As soon as Karen Fann and the rest of the legislature enlists in an HMO where their doctors are told what treatment they can do, I'll advise my clients to follow right behind.  In the meantime, we'll keep fighting!

Chad T. Snow and X. Alex Carpio are attorneys who limit their practice to workers compensation and Social Security Disability with offices in Phoenix and Tucson Arizona.  They can be reached at (602) 532-0700 or (520) 647-9000. 

I'm Baaaaaaaack!!!!!!!!!!!!!!!

After a prolonged absence from the blog, I'm back to make periodic observations about workers compensation issues in Arizona.  For the last few months, I've been dedicating much of my time to the successful recall of state Senate President Russell Pearce, of which I served as Chairman.  More about that in a later blog.  I'll also be updating everyone on the recent activity at the legislature and a number of bills that have been introduced which would significantly reduce the rights of injured workers to select their own medical providers.  My partner, Alex Carpio, has led the charge against those bills and appears to be having some success.  I will also start making some posts on issues regarding Social Security Disability, which Snow & Carpio has added as a practice area in the last two years.  A lot has happened so look forward to more frequent posts on these and several other issues. 

Chad T. Snow is an attorney limiting his practice to the representation of injured and disabled workers in Arizona.  His firm is the only workers compensation firm with offices in both Phoenix and Tucson and can be reached at (602) 532-0700 or (520) 647-9000 or at Snow, Carpio, and Weekley.

Chad Snow's 11/21/11 interview on Fox 10

Citizens for a Better Arizona Looks to Recall Arpaio and Brewer: MyFoxPHOENIX.com
Snow, Carpio, and Weekley

See Chad's Interview on Horizonte

Snow, Carpio, and Weekley

CTV News - Compensation board staff suffer after hostage episode

CTV News - Compensation board staff suffer after hostage episode

Snow, Carpio, and Weekley

Think twice before eating a donut at your desk....

I don't know about you, but in our office here at Snow and Carpio, it is a constant battle to watch our weight. Between the amazing breakfast burrito place around the corner or our favorite Mexican food restaurant Rito's; my pants always seem to be a little tight. It's not just what we eat, it's the fact that we don't have a physical job. I hardly think a roofer has to worry about eating a big lunch like we do. He is going to be up and down ladders all day and will quickly burn off his calories. Or even a nurse. She is going to be on her feet all day walking through the halls to see patients. Unfortunately for us, we sit at our desk and the only thing moving at a rapid pace is our fingers from typing.

...and if you don't think your productivity at work is affected by your weight, think again! Employees who are moderately to extremely obese have reduced productivity on the job, even compared to overweight or mildly obese workers, reports a study in the January Journal of Occupational and Environmental Medicine, official publication of the American College of Occupational and Environmental Medicine (ACOEM).

Additionally, employees with moderate to extreme obesity also had increased health-related absenteeism, compared with other workers. Presenteeism days employees are at work but performing at less than full capacity is increasingly viewed as an important contributor to costs related to employee health.

Researchers found that men sitting at their desks more than six hours a day are nearly twice as likely to be overweight than those who sit for less than 45 minutes a day. While women fared slightly better—spending on average 20 more minutes on their feet at the office than men—researchers conclude that a sedentary job is a major health concern for both genders.


And it’s no secret that sedentary jobs (and lifestyles) have contributed dramatically to the accelerating obesity rate of the past 20 years. Put emphasis on the word ‘dramatically’—a study conducted by the University of Chicago in 2001 found that a worker in a sedentary career may end up with a Body Mass Index 3.3 units higher than someone in a highly active job. If you’re 5'5" this can mean an increase in weight from 140 pounds to 155 pounds! Well, that explains it for me!!

So what can we do?

1.
Be sure to eat. It’s easy to slog through a day of meetings, e-mails, and phone calls to discover at 4 p.m. that you haven’t eaten since breakfast. (I never have that problem!) But, your body needs energy to get you through the day. Make it a priority to have a healthy and tasty meal—along with 1-2 healthy snacks. It is not a sin to opt for such shortcuts as microwave meals, as long as you read labels to avoid items with excess calories and sodium.

2.
Compensate, compensate. Get physical to compensate for your sedentary workday. Join a gym, take an early morning run, or find time for fitness fun with your family. Buy one or two pieces of home exercise equipment that will allow you to exercise no matter what the weather. One of the gals here at work using the time while waiting for her kids at soccer practice to jog. Since their practices tend to vary locations, she get a change of scenery and it makes the time go faster for her. Way to go!

3.
Rework your network. Chances are, your friends and co-workers need help with their love handles just as much as you do. So, try some new activities that don’t revolve around food. Organize a bi-weekly volleyball game, walk during lunch, or play a quick round of mini-golf after work. Our entire office just participated in a kick-ball tournament. It was so much fun and not only health, but a great way to enjoy each other outside of the office.

4.
Bring your buddies on board. While you’re coaxing co-workers to modify those after-work habits, see if you can’t involve them in a friendly get-fit challenge during work hours. By sharing healthy potluck lunches, exchanging recipes, and providing moral support, you’ll find that getting in shape can be a team-building triumph. In the past, we have all divided up a list and bring items like fruit, healthy lunch meats and snacks like veggies. It makes it so much easier if your coworker isn't eating a big piece of chocolate cake while you're trying to stick to carrot sticks!

5.
Don’t eat due to boredom. Keep water at your desk; it’ll give your hands something to do when you’re stressed and will divert you from eating when you’re not really hungry. Staying hydrated at is very beneficial to your productivity as well. Check out the article on our blog regarding dehydration.

6.
Everything small can add up. If you want to change your life in big ways, try some small changes, like substituting a yogurt and black coffee with skim milk half the time. You’ll save about 470 calories (660 vs. 160)!

7.
Lose the technology. Modern advances are great, but do you control them or do they control you? As much as possible, take advantage of opportunities throughout the day to get up and move! Deliver that memo in person, sit on a stability ball at your desk to improve your posture, park at the far end of the parking lot for a brisk walk to your building. You’ll be surprised how quickly minor changes can improve your energy level and help you get fit.

8.
Choose wisely. Whether you normally go out for lunch or eat in, try to make your meal choices conscious ones. Learn how to eat out wisely, and remember how much better you feel come mid-afternoon when you eat healthy.
One in five Americans is obese; three in five are either overweight or obese. But sitting at a desk doesn't have to mean you’ll be just another statistic! Incorporating these simple strategies into your workday will bring you one step closer to being a healthier, more energetic you.

In the absence of Chad Snow, blog posted by April Snow, Business Manager at Snow and Carpio Law Firm. For questions regarding Workers' Compensation claims or any topics you have seen on our blog, please contact our Phoenix office @ 602-532-0700 or our Tucson office @ 520-647-9000 or contact through our website at Snow, Carpio, and Weekley.

Holiday Stress at Home...It Can Affect your Work

As we are approaching the holidays and I myself am starting to feel the stress of organizing the Thanksgiving meal and the traditional Black Friday shopping trip with all the girls in the family, I started to wonder if feeling so stressed out at home is showing at work. The answer is yes.

The holidays bring a lot of things. There is great food, awesome presents and wonderful company as you spend time with the people closest to you. But there is also the stress and sometimes negativity that often comes with the holidays.

There are also indicators that suggest the higher the stress level in the home, the less healthy and more "sick days" there are in the workplace. Not to mention that when we are stressed at home; we tend to have a shorter fuse and be less attentive when at the office.

Although work can sometimes act as an escape, the pressure to keep up with everything in your life, including your job performance can more feeling of being overwhelmed.

So before you find yourself in the middle of the holiday "swirl" and you feel as if you're being pulled in 20 different directions; try to find some ways to de-stress and relax.

Here are four simple and effective tips for doing just that.

1. Slow down.

Even if it may feel silly and if you have to force it a bit. Slow down your body, move and walk slowly. Breathe slower and more deeply with your belly (and focus on doing just that for two minutes and see what happens). Slow down your eating (this will not only help you to relax, it will also help you to not eat too much during the holidays since it takes about 20 minutes for your brain to register that you are full.)

Slow it all down and pay attention to what you are doing. Be here and now and focus on doing just one thing at a time. By slowing down, by being here now, by not having your focus split between many things, your body and your mind start to relax.

The stress you feel from doing the things does not come from the things, it comes from how you go about doing them.

2. Take it easy with those expectations.

Things take time. Especially around the holidays as stores, roads etc. are overflowing with people. It is just how it is and if you don’t accept that then it’s going to be some stressful and frustrated days ahead. Take this into consideration when you make practical plans. Realize that things may take longer than you originally planned for. And realize that even though that Christmas etc. is supposed to be a sort of perfect time of the year nothing will ever be perfect (not for long at least).

Striving for or expecting perfection can be pretty dangerous. Because you will never feel like what you do or what you get is good enough. Even though what you do, for example, is just fine 90 percent of the time you still feel let down inside like you are not OK. This robs you of enjoying your holidays.
You have set the bar at an inhuman level. If you expect perfection around the holidays – or around any time of the year – then your self esteem will stay low, your stress levels will shoot up and you will feel disappointed even though things may have indeed been very good overall.

3. Tap into gratitude.

Where you put your focus does to a large degree determine how you feel and think. Focus on the stress and how hard everything is, and you will feel and think about just that. Focus on the positive things in your life right now and you will feel a lot better and think happier thoughts. Your day becomes lighter and brighter.

One of the quickest ways to shift your focus is simply to appreciate the positive things in your life right now. To be grateful for what you have.

Two ways of doing that are:

The two minute exercise. If you’re feeling negative or stressed out use just two minutes in your day to reflect upon things that you are grateful for. It’s a small and quick thing to do but it can have a big effect on your mood – it’s hard to not feel like smiling after those two minutes – and how you view your life. Ask yourself: “what can I appreciate in my life right now? and “what can I be grateful for that I may have been taking for granted this year?”.

The gratitude journal. Basically the same exercise as above. But here you quickly jot down 5 things you are grateful for in a journal. Do this for a few minutes each day or each week. Review the journal whenever you feel the need. Very simple but effective.

4. Take a break.

Working nonstop can sour your mood and stress anyone out. Slow down but also remember to take breaks. Take 20 minutes or half an hour to just rest. Take a walk in the crisp and cold winter landscape. Escape via music, a book you have that you may have never finished or by watching classic holiday movies/TV. I usually watch Elf or A Christmas Story. Both are great for a holiday chuckle and watching them every year with the family has become a tradition.

Do something that snaps you out of the working, shopping and preparing mindset, even if it is just for while. That short change in scenery and change of mental head space may be all you need to feel revitalized again.

The whole point to the holidays is to share and enjoy our time with family and friends and to have a good time. Remember that the holidays are more than the perfect table settings at Thanksgiving or the perfect gift at Christmas. Stop and remember the true meaning of the holidays.

Enjoy your holidays......

Snow, Carpio, and Weekley

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

Bullying...Not just a problem with kids in school!

Bullying is something we all hope not to have to deal with much beyond the eighth grade. Unfortunately workplace bullies are a problem many people face. Unlike playground bullies who often, not always, resort to using their fists, workplace bullies generally use words and actions to intimidate their victims.


A workplace bully may be your boss or your co-worker. No one should ever make you feel uncomfortable at work. If you are a victim of bullying in your workplace consider speaking to someone in the human resources department for help in dealing with it.

If you would like to try to deal with this situation before you report it, here are some tips. If you are being physically threatened don't waste a minute before you report it to both your employer and the police.

If you are dealing with a workplace bully:


•Seek the advice of a trusted mentor who may have dealt with this situation before.

•If you can, confront the bully in a professional manner, but only if your physical safety isn't threatened. Don't sink to his or her level. Stay as calm as possible. Don't yell or threaten. Often bullies are looking for this type of confrontation and it will encourage them to come back for more. Don't cry or show weakness either. That's usually what the bully is after in the first place.

•Don't try to win over other people to your side. The way in which you handle the situation will allow them to make their own judgements.

•Don't allow the bully to intimidate you or make you feel bad about yourself. You know your true worth. Don't forget what that is.

•Do your job and do it well. The workplace bully wants you to fail and when you don't he or she will be defeated.

•Make sure your superiors are aware of your work. Workplace bullies often try to spread the word that your are not doing your job well and will even go as far as to report the smallest infractions to your boss. Your actions will carry more weight than his or her words.
If all else fails, decide whether or not a job transfer is appropriate (if available) and if not, whether or not you are ready to seek other employment to alleviate the stress in your life.

If you are injured or know of somebody who has been injured; the attorneys at Snow and Carpio, PLC are glad to sit down and speak to you at no cost about your case. For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, 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.

Most Common Safety Violations



I was trolling around the Industrial Commission Site and I cam across the 20 most common citations for safety. It's pretty interesting if you look at some of them because it is very easy to be in compliance and yet so expensive to have an accident.

Most cases that we see here in our office could have been prevented. Whether it's lack of fall protection that prevented the roofer from falling off a roof  or a simple Lock-Out/Tag-Out procedure that takes a few moments but can save somebody from being electrocuted or losing a finger.

Safety is so important. Both as an employer and an employee.

Here's the list for you to check out.
The 20 standards most frequently cited by ADOSH

Note: 1926 indicates a violation of a construction standard, 1910 a general industry standard.

Standard Description Citations

1910.1200 Hazard Communication 338

1910.305 Wiring methods, components 209

1910.157 Portable fire extinguishers 179

1910.134 Respiratory protection 138

1910.178 Powered industrial trucks 131

1910.303 Electrical, general requirements 131

1910.212 Machine guarding, general requirements 93

1910.215 Abrasive wheel machinery 86

1926.501 Duty to have fall protection 73

1910.179 Overhead and gantry cranes 72

1910.132 PPE, general requirements 63

1910.213 Woodworking machine guarding 62

1910.1030 Bloodborne pathogens 59

1904.01 Recordkeeping 52

1910.22 Housekeeping 49

1910.219 Power transmission guarding 47

1904.32 Annual summary, 300 log 46

1926.451 Scaffolding, general requirements 46

1910.23 Floor/wall opening guarding 44

1910.37 Exit route maintenance 39

Now, as a previous business owner and employer, I can tell you that there are a few items on this list that require little/no effort. For example; PPE (general requirements), that means Personal Protection Equipment and is referring to safety devices for your employees such as safety glasses to protect eyes, ear plugs to preserve hearing, gloves to protect hands from materials and/or equipment and also the red vests that should be worn if your employees are in an area where there is forklift activity so they will stand out and the forklift driver can easily identify and see them. These very inexpensive items all flow into the PPE area and there is no reason why an employee should not be providing these safety tools for their employees. The citation fine is probably 5x the amount they would have spent in the first place.

Another example would be the Annual Summary. There is no fee associated with this unless you employ a full time Safety Director, in which case this should be a simple task that he/she should be completing as part of their job. But on the norm, for small-mid size companies, the owners are probable handling this task and it doesn't cost you a penny to complete your OSHA 300 log. Yes, it takes a little bit of time but, if you are recording everything as it happens through the year, it's a very easy and simple task to complete.

Employers need to get out of the mindset that ADOSH and other safety entities are here to make their lives more difficult and instead understand they are around to ensure the safety of the employees. I remember having a sinking feeling every time they would walk through the door because I knew it would mean some sort of fine or write-up; but in retrospect, they weren't that difficult to deal with and most of the things we needed to bring up to par were very simple things that because we did not stay on task, it cost us in both time and money.

For employees; I know that the biggest complaint I used to get from my manufacturing employees was that it was too hot to wear the safety glasses in the summer and that the gloves made it hard to grip sometimes. But in the end, these Personal Protection Equipment and devices are put in place to ensure your safety.

I can tell you from my experience working here at the Snow and Carpio Law Firm over the last 2 years that most of our clients would love to go back to when their injury happened and rewind for just 2 second so they could have a do-over and not get injured. Whether it's a minor injury that does not result in loss of time at work or a major incident that leaves a person unable to return to their job and even their career; not one of them would give up the chance to go back and have that accident and injury go away.

So take a look around you and see if there are safety issues. whether you are an employer or an employee, point things out, make sure to talk about safety.

If you are injured or know of somebody who has been injured; the attorneys at Snow, Carpio, and Weekley PLC are glad to sit down and speak to you at no cost about your case. 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, 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.





--------------------------------------------------------------------------------

Most Dangerous Jobs

From Risk Management Magazine:

According to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.

Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and ranchers (41.4), and mining machine operators (38.7) rounded out the top five occupations with the highest fatal work injury rates. To put these numbers in perspective, the fatal work injury rate for all American employees in 2010 was only 3.5 per 100,000 workers.

For sheer numbers, more truck drivers and delivery workers (683) died on the job than those in any other profession. This equated to a fatality rate of 21.8 due to the much larger workforce in this category. The mining industry was particularly hard hit in 2010, as multiple deaths from the Upper Big Branch mine and Deepwater Horizon oil rig explosions helped increase fatalities by 74% over 2009 and inflate the fatality rate from 12.4 to 19.9.

Overall, the Bureau's Census of Fatal Occupational Injuries determined that 4,547 workers were killed on the job in 2010, an amount virtually unchanged from 2009 when 4,551 fatalities occurred. This figure, however, was still low enough to make 2010 the safest year on record, representing a 25% decline in deaths since the census was first conducted in 1992.

TOP 10 MOST DANGEROUS JOBS IN 2010(with fatal work injury rate)

1. Fishermen -- 116.0

2. Logging workers -- 91.9

3. Airplane pilots and flight engineers -- 70.6

4. Farmers and ranchers -- 41.4

5. Mining machine operators -- 38.7

6. Roofers -- 32.4

7. Sanitation workers -- 29.8

8. Truck drivers and delivery workers -- 21.8

9. Industrial machine workers -- 20.3

10. Police officers -- 18.0

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, 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:

The injured worker must apply in writing to the ICA requesting permission to be out of the state of Arizona for any period exceeding fourteen days. The ICA issues an award either approving or disapproving the request. If approved, the claim continues to be processed in accordance with Arizona Workers’ Compensation Law.

If you fail to get approval prior to leaving the state, the insurance company may suspend your benefits

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, 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.

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.

Workers' Comp. Tip of the Day

To anyone bringing in significant income from tips, commissions, or bonuses,

KEEP GOOD RECORDS

in the event that you are one day injured and have to pursue a workers' comp case!

You see, many times servers and bartenders and other workers who bring in significant income from tips end up experiencing improper wage calculations and mis-calculations of benefits owed when in pursuit of workers' comp cases. The same is true for workers who work off commissions or receive large bonuses.

This is another reason why it pays to have a workers' comp attorney helping you with your case – we see these situations often and can help you maximize your benefits. The insuracne carriers would love to pay your benefits at a lower rate but why not get what you are truly entitled to?

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



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

Workers' Compensation Fraud

I always find it interesting when I am reading monthly newsletters or periodicals in the Workers' Compensation industry of how rampant fraud is and the extent of what some people go through to commit the fraud.

One of the things we always go over with our new clients is surveillance. At any given time, the carrier can hire somebody to watch you and photograph your activities. We've spoken about it before on this blog. If you say you can barely walk due to your injuries, make sure your not working out at your local Zumba studio with all your girlfriends..... or ATV riding with your buddies!

Check out these cases below:

Dr. Imitation


Dr. Imitation claimed she cut her ankle and leg after tripping over a pallet. Additionally, she said she was being treated by a physician and was paying the costs herself. Dr. Imitation provided WCF with medical bills and other documentation, and asked to be reimbursed for almost $6,000 in medical services and $8,500 in lost time benefits.WCF discovered Dr. Imitation submitted 15 false, forged documents and bills from a fictitious doctor. The plan was even enhanced by setting up a post office box solely for this correspondence exchange. Dr. Imitation pleaded guilty to workers compensation fraud. WCF saved more than $23,000 in medical and lost time benefits.

The Pilot

As a hang glider test pilot, The Pilot enjoyed a challenge. While demonstrating a product to a group, the aircraft malfunctioned and plummeted. Luckily, he had a parachute and was able to make it safely to the ground, except for a dislocated shoulder. For the next two years, The Pilot claimed his arm was too severely injured to return to work. Physicians tried every available treatment with no success. In the meantime, The Pilot decided to move to sunny, southern California. After a tip from a former employer, surveillance video showed him parasailing off cliffs at Torrey Pines Glider Port in La Jolla, California. WCF asked The Pilot to return to Utah for an independent medical exam. At the exam, he told the physician he could not open his car door because of his shoulder pain. After seeing the surveillance, the doctor released The Pilot to go back to work. Subsequently, The Pilot pleaded guilty to workers’ compensation fraud. WCF saved almost $120,000 in medical and lost time benefits.

The Hunter

As an ironworker, The Hunter injured his knee when he slipped at work. The injury seemed to get worse over time and he told the doctor he could not walk five feet. Surveillance caught The Hunter mowing lawns, trimming hedges and doing other yard work without any hint of pain. After the yard work, he complained again to the doctor about pain. Within a week, the Hunter loaded an ATV into a trailer and drove to a local canyon. While there, he unloaded the ATV, drove it around on unimproved dirt roads, and hunted for 12 hours. The Hunter was convicted of workers compensation fraud. WCF saved almost $15,000 in medical and lost time benefits, and restitution.

Mr. Basketball

Mr. Basketball was a nursing home health professional who claimed to injure his back while lifting a patient. After significant rehabilitation time, he said the injury was only getting worse. The pain was so intense he couldn’t even walk to the mailbox. However, surveillance video showed Mr. Basketball could not only walk to the mailbox, he could play basketball like Larry Bird. He was running, dribbling, shooting and scoring to help his team win. Mr. Basketball was convicted of workers compensation fraud. WCF saved more than $48,000 in medical and lost time benefits, and restitution.

The Cowboy

After injuring his back working as a plumber, The Cowboy claimed he could not tie his shoes or clean his house, let alone work. With such an aggravating injury, a doctor performed back surgery and The Cowboy stayed off work. But, this did not affect his participation in a nine-day Pony Express re-enactment. After grooming and saddling his horse, The Cowboy rode up to five hours a day on a trip from Missouri to Utah. His picture was even in a local paper at the end of the marathon ride. Later, surveillance video showed The Cowboy participating in a rodeo. After the rodeo, The Cowboy said he still could not work due to the surgery. He told the claims adjuster, “Say I go ride a horse for even a half hour, get off and put it away, I’ll spend the rest of the day in pain, severe pain.” During this same discussion, he was asked about the Pony Express ride. The Cowboy’s response –“Is it against the law to take a vacation?” The Cowboy was convicted of workers compensation fraud. WCF saved more than $75,000 in medical and lost time benefits

The stories above were found on the Workers' Comp Fund Website out of Utah and while they are humorous to read, the cost to investigate, pursue and prosecute fraud can run a carrier millions of dollars.

The attorney's at Snow, Carpio, and Weekley are dedicated to helping those who have legitimate claims. Any client found to have misrepresented himself or the events or extent of their injury are immediately discharged as clients.

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

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

2010 CENSUS OF FATAL OCCUPATIONAL INJURIES

The Industrial Commission of Arizona released it's 2010 Census of Fatal Occupational Injuries. While no report is "great" until we can read about zero fatalities for the year, it was especially nice to read that workplace fatalities were down in 2010 over 2009.

Also identified in the data were Arizona’s three leading causes of work-related fatalities in 2010.

They were:


• Transportation fatalities, which include highway, pedestrian, rail and aircraft accidents;
• Assaults and violent acts;
• Falls

There were approximately 3.13 deaths in Arizona for every 100,000 workers in the state’s workforce in 2010.

For the employers out there; Workplace fatalities can be avoided. There are many resources to assist you with workplace safety and employee training. There are companies you can hire to come in, evaluate and implement a safety program if you don't have the time. And/or there are informative safety libraries that can be purchased for monthly safety meeting with your employees. Keeping your employees trained and your workplace free of safety hazards will save you money in the long run and the potential loss of employees due to injury or death.


For employees; Survey your surroundings and don't rely on somebody else to provide your safety zone. Look around, make sure you are aware of both present and potential dangers and if you find some, REPORT THEM TO YOUR SUPERVISOR IMMEDIATLY. Your work has an obligation to correct the issue before anybody gets hurt. Keep your eyes and ears open at all times and most accidents can be prevented.
 
If you have been injured, consult an attorney who specializes in Workers' Compensation Law (I can recommend a great firm!) so that you can make sure you are receiving all benefits you are entitled to.
 
Chad T. Snow and his associates at Snow, Carpio, and Weekley are workers compensation attorneys in Phoenix and Tucson, Arizona.  He can be reached at his offices at (602) 532-0700, (520) 647-9000.
 
In the absence of Chad Snow, blog posted by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC

With sympathy...

Joseph Chandler McDaniel Obituary: View Joseph McDaniel's Obituary by The Arizona Republic

Snow, Carpio, and Weekley

Save the Date

Annual Holiday Celebration

December 8, 2011

4:30-7:30pm

Food, Mariachi's, Cocktails and Fun!

Invitations to arrive in a mailbox near you 

no later than November 01, 2011

Snow, Carpio, and Weekley

CAN YOU FILE FOR WORKMANS COMP AND SOCIAL SECURITY BENEFITS AT THE SAME TIME?

Yes, you can file a claim for Workman's comp and social security disability benefits simultaneously. The two benefit systems are completely separate and distinct (ssd is a standardized federal program while workers compensation laws may differ state to state).

However, an individual seeking both types of benefits may gain advantage from the input of a workers compensation attorney since "timing issues" (as regards an ssd claim) can, in some cases, affect a workman's comp claim.

Snow, Carpio, and Weekley can handle both your Workers' Compensation and Social Security Disability claims. For a FREE consultation, pleae contact our offices at either 602-532-0700 Phoenix or 520-647-9000 Tucson.

 

 

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

Welcome to our new employee....

Snow and Carpio is pleased to announce 

a new addition to our staff.

"Julia" will be starting on Wednesday September 21, 2011

as our new Front Office Receptionist.

We look forward to posting an employee profile soon so you can put a face to a name!

Workers' Compensation Seminar - Prescott, AZ

Attorney Snow will not be posting any blogs for the remainder of week.

He is currently attending the State Bar of Arizona Workers' Compensation Seminar in Prescott, AZ.

Thank you for you patience and we look forward to his return and future blogs.

Snow, Carpio, and Weekley

God Bless America

Snow and Carpio remembers those lost 10 years ago on Sunday and prays for unity, tolerance and love during this time of retrospect. In memory of those who perished; we remember you, and we will never forget.

And for those who serve, have served or have given the ultimate sacrifice for our country and it's protection, we thank you.

God Bless America

Affidaviting Judges at ICA

A new workers comp attorney recently asked about the rule that allows a peremptory strike of a judge assigned to an Arizona work comp claim. Rule. Allows you to "Strike" a judge and ask for a new one upon a showing of "bias and prejudice". No actual evidence of bias is required. Earlier in my career I used to regularly affidavit judges who I thought had rendered bad decisions - I guess I thought it would punish them!!!
I've learned with time that all of the judges at the ICA are generally very fair and striking them doesn't really accomplish anything. Occasionally I'll remember that a certain judge doesn't like a certain doctor or I'll have a client who I think will rub a certain judge the wrong way and I may in very limited circumstances affidavit them.

Hernia Injury On the Job In Arizona

Very few Arizona workers compensation attorneys will take hernia cases.  The reasons are that they are one of the only types of traumatic injuries with special rules in the statutes limiting how much compensation can be recovered by the injured worker. 

There are two types of hernias classified in the Arizona Workers Compensation Act:  (1) real traumatic hernias; and (2) all other hernias.  Real traumatic hernias are defined as "an injury to the abdominal wall of sufficient severity to puncture or tear the wall such that the abdominal viscera protrudes.  Obviously, all other hernias, are those that don't fall into the first category.  Generally speaking, to prove a traumatic hernia, the injured worker needs to prove that the hernia was sustained in the course and scope of employment, that the descent of the hernia occurred immediately following the cause, and was followed by severe pain and immediately reported to another person. 

In cases of nontraumatic hernias, compensation is limited to two months.  If a worker can prove that a real traumatic hernia has resulted, then temporary and permanent compensation can be paid if the worker can prove that a loss of earning capacity has resulted from the hernia. 

More specific information can be found at A.R.S. § 23-1043. 

Snow and Carpio also has a packet of information for hernia cases.  If you would like a free packet, please call our office at (602) 532-0700 or in Tucson at (520) 647-9000 or visit our website at Snow, Carpio, and Weekley.

Recall Pearce Reception and Fundraiser

                                  Recall Pearce

Reception and Fundraiser

Thursday 08/25/11 @ 5:30pm

Appetizers and Refreshments will be served

Snow, Carpio, and Weekley PLC Offices

55 E. Thomas Road, Suite #100

Phoenix, AZ 85012

Sunnyside Charity Golf Tournament 08/20/11

Snow, Carpio, and Weekley

Chad Snow on Horizonte on Aug. 19, 2011

Snow, Carpio, and Weekley

Man Impersonates OSHA Inspector and Demands Money from Businesses

I found an interesting article recently on the ICA website.  Apparently, a man has been visiting local businesses posing as an OSHA inspector and claiming to find violations.  The man displays some official looking documents and claims to be a compliance inspector.  Claiming to find a violation, he demands payment and offers a discount if payment is made immediately in cash. 

The Arizona Department of Occupational Safety and Health (ADOSH) states that a compliance officer will always be able to show credentials (like a police officer) and would never issue a citation in the field or ask for money (DUH!!!)  Not the best scam I've heard of this week, but creative nonetheless. 

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona with the firm of Snow & Carpio, PLC.  He can be reached at (602) 532-0700, (520) 647-9000, or through the firm's website at Snow, Carpio, and Weekley.