When Will the Industrial Commission of Arizona Enter the 21st Century?

When Will the Industrial Commission of Arizona
Enter the 21^st Century?

An attorney friend of mine who practices in a different area of law asked me why our files are so thick and why we hadn't gone paperless like so many other law firms.  I answered that the problem is the Industrial Commission of Arizona is perpetually stuck in the 1970’s.  The Commission doesn't allow for electronic submission of claims.  We can’t submit evidence to the judges by e-filing – a practice that is MANDATORY in many other courts.  Everything must be submitted in paper form.  Some judges have moved into the 1990’s and will accept a FAX copy of a document as a submission.  I asked a judge why they don’t have e-mail and was told that the Commission has just convened a study group on how they could best implement E-MAIL! 

I’m assuming that by the time they actually get around to using e-mail, the rest of the world will have moved on to some other more advanced form of communication.  So hey, ICA – welcome to the 2000’s now that they’re over! 

Attorney Chad Snow is the Founding Partner of Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com

SURVEILLANCE

SURVEILLANCE

by Alex Carpio, Partner at Snow, Carpio & Weekley, PLC

“It is illegal for the insurance company to videotape me!!” 

This is a statement my clients often tell me each time I get hired as their attorney.  This statement is false.  The insurance carriers can and will hire an investigator to videotape you.  The purpose of surveillance is for insurance carriers to catch injured workers doing physical activities outside their recommended work restrictions given by their doctor.  Once the insurance carrier has videotaped surveillance of an injured worker doing physical activity outside their work restrictions the video must be disclosed to the injured worker or their attorney if they are represented.  The insurance carrier’s attorney will also submit the surveillance video into evidence to be used at any hearings.  Once doctors review the surveillance, most likely they will change their opinions regarding work restrictions and even medical treatment.  This of course could be detrimental to your case.  Remember that the insurance company would rather spend a few hundred or thousand dollars on an investigator to save them a lot more money in the long run when it comes to paying an injured workers indemnity benefits and medical treatment.  Surveillance can be a powerful weapon for insurance carriers.  The bottom line an injured worker should know their physician’s work restrictions and never do anything above and beyond those work restrictions because when you least expect it there will be surveillance.  

Attorney X. Alex Carpio is a Partner at Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com

Why Has Snow, Carpio & Weekley Been So Successful? 

I know it’s not good business practice to share trade secrets, but to any of our competitors, here’s the secret to our success. 

  1.   We treat our clients like human beings, not cases.  I have been invited to more clients’ quinceaneras, weddings, and funerals than any other attorney I know.  This is because our clients can sense that we see them as people and families, not just a way to make money. 

  2.   We hire the best people.  For example, Martha Diaz – our head paralegal – has over 35 years’ experience handling workers compensation cases.  All of our staff has extensive and ongoing training in work injury law.  And more importantly, when we hire new staff, we look for friendly people who will treat our clients the way they deserve to be treated. 

  3.   We constantly try to improve.  A good attorney friend of mine told me “if you’re not growing, you’re shrinking.”  He meant it in terms of the number of cases his firm was taking.  I think the same thing applies to us as professionals in a service industry – if we’re not getting better at what we do, we’re getting worse.  The attorneys in our firm all attend not only the obligatory yearly seminar on continuing legal education, but also a seminar on client relations and business development.  Our staff have monthly “learn at lunch” seminars to keep up on the latest developments in the work comp field.

  4.   Our Business Manager, April Snow.  I was warned many times never to hire family members.  But in 2009, an opportunity came that was too good to pass up.  My sister-in-law April had owned her own large manufacturing company for several years.  When she lost that company during the Great Recession, she was looking for a job.  I told myself and my partner Alex Carpio, “she’s run a multi-million dollar business with 100 employees – she can run our little law firm.”  Probably the best business decision we ever made. 

  5.   We ask our clients what we can do better.  We are constantly seeking feedback from our clients as to what we can do to better serve them and make their experience with our firm even better.  Our clients are our best referral source of business.  We believe that much of our success is owed to the loyal army of current and former clients we have developed by providing excellent customer service over the last 12 years.  

      Attorney Chad Snow is the Founding Partner of Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com.

Differences Between a Work Injury Claim and Personal Injury Claim

Differences Between a Work Injury Claim and Personal Injury Claim

A lot of our clients are bummed to find out that they can’t sue anyone as a result of their injury.  I’ve compiled the following list, which isn’t meant to be exhaustive, of some of the major differences between a work injury claim and a personal injury claim. 

  1.   Work injury claims are for those who are injured while in the course and scope of their work. 

  2.    In a personal injury claim, the Plaintiff has to prove that the offending party was negligent in some way which foreseeably caused their injury.  In a work injury claim, the injured worker does not need to prove that anyone was negligent – in fact, an injured worker can collect workers compensation benefits even if they were injured as a result of their OWN negligence (or just plain stupidity…)

  3.    Damages in a workers compensation claim are limited to medical expenses and compensation for time lost from work (and in some cases, future lost earnings).  In a personal injury case, an injured party can receive other damages, including pain and suffering, loss of consortium and other relationships, and punitive damages. 

  4.    An injured worker can start receiving compensation for his or her injuries very shortly after an accident.  A personal injury plaintiff sometimes has to wait years to receive any compensation. 

  5.    Injured workers with compensable claims have a lifetime right to reopen their case upon a showing of a change in their condition.  Personal injury plaintiffs have no such right. 

  6.    There is no limit on payment on a workers compensation claim.  Victims of personal injuries usually are limited in their recovery to whatever the “policy limits” are of the offending party’s insurance.

       Attorney Chad Snow is the Founding Partner of Snow, Carpio & Weekley, PLC. He has helped thousands of injured workers in the State of Arizona. For a free consultation, please call our Phoenix Office at 602-532-0700 or our Tucson Office at 520-647-9000. You may also view our website at www.workinjuryaz.com for more information

Use of the “Affidavit” in Arizona Work Comp Litigation

Generally speaking, the Administrative Law Judges who decide cases at the Industrial Commission of Arizona are very good.  They get the decision right more often than not.  Their decisions are usually well thought out.  And, for what the job pays, the Commission has been able to attract some very well-qualified lawyers to become judges.  One of the tools that a lawyer representing injured workers before the Industrial Commission has, is that of the “affidavit of bias and prejudice”.  This is a Rule of Procedure of the Industrial Commission that allows an attorney to ask that a case be reassigned to another judge “upon a showing of bias and prejudice” of the judge to whom it has been assigned.  In practice, no actual showing of real bias or prejudice has to be proven – the mere allegation is sufficient – and the case is reassigned with no questions asked.  This tactic is used quite often by a lot of workers compensation attorneys to avoid judges who they feel too frequently rule on one side or the other. 

In my practice, I very rarely use the Affidavit to change judges.  Very rarely I will think that a particular judge will not like my particular client or will remember a former ruling of a judge that was either very sympathetic or very antagonistic on a specific issue or with a specific expert witness.  But I think it should be the exception and not the rule.  Affidavits of Bias and Prejudice must be filed within 30 days of the issuance of the Notice of Hearing.  Make sure you file it timely or you’ll be stuck with the judge that you just called “biased and prejudiced”!

Attorney Chad Snow has handled thousands of Workers' Compensation claims in the State of Arizona. For a free consultation by Snow, Carpio & Weekley, PLC, please call 602-532-0700 for a consultation in our Phoenix office or 520-647-9000 for a consultation in our Tucson office. Consultations are also available over the phone with an attorney if you reside outside Maricopa County. 

Time Frames in Arizona Workers Comp Cases

Shortly after 9/11, I read a book by New York mayor Rudolph Guliani about his leadership style.  One of the most important things I learned from the book was the concept of “under-promise and over-deliver”.  I have tried, to some varying degrees of success, to incorporate that into how we practice at Snow, Carpio, & Weekley.  To that end, I want to write a brief post about time frames in Arizona Workers Compensation Claims. 

I often tell my clients that the word “days” does not exist in the vocabulary of most claim reps, judges, and Industrial Commission employees who are working on their claims.  As workers comp attorneys, we measure time in weeks and months!  For example, while the statute says that a carrier has 21 days to accept or deny a claim, the reality is that an injured worker will wait 4-8 WEEKS to see any compensation for time lost.  In the event of a dispute, a hearing is usually scheduled to take place 3 MONTHS after it is requested.  While the statute says that a decision should be rendered within 30 days of the final hearing, my experience is that a decision can usually be expected 2-3 MONTHS later.  In short, the best advice I can sometimes give my clients is “hurry up and wait”…

For a free Legal Consultation about your Workers' Compensation claim, Chad Snow, Partner at Snow, Carpio & Weekley can be reached at 602-532-0700. You can also visit our website at: http://workinjuryaz.com/arizona-workers-compensation-lawyers/

Carbon Monoxide - The Injury You Cannot See

What if your Supervisor doesn't listen when you tell him/her you are sick or injured? That was exactly the case with a group of potential clients I spoke with this morning. The Supervisor couldn't see the injury so he didn't believe there was one.

The employees reported that they were all feeling dizzy, short of breath and that something "wasn't right". The Supervisor basically shrugged it off and told them to keep working because as far as he could see, they were fine.  It was one of the employees that finally called 911 after another co-worker passed out! When the ambulance and emergency personnel arrived; it was determined that all of the employees had Carbon Monoxide Poisoning from work, and as a result, they have all spent multiple days in the hospital! They are lucky to be alive.

Carbon Monoxide claims countless lives every year because people cannot detect there is a problem.

Mayoclinic.org describes Carbon Monoxide as the following:

Carbon monoxide poisoning is an illness caused by exposure to too much carbon monoxide — a colorless, odorless and tasteless gas. Too much carbon monoxide in the air you breathe can greatly diminish your ability to absorb oxygen, leading to serious tissue damage. Carbon monoxide poisoning can lead to death.Carbon monoxide is produced by appliances and other devices that generate combustion fumes, such as those that burn gas or other petroleum products, wood and other fuels. The danger occurs when too much carbon monoxide accumulates in a contained, poorly ventilated space.Although the signs of carbon monoxide poisoning can be subtle, the condition is a life-threatening medical emergency. Get immediate care for anyone who may have carbon monoxide poisoning.

So what should you look for? See the image below about symptoms of Carbon Monoxide Poisoning. 

If you feel any of these symptoms, report it to your Supervisor immediately. If the Supervisor fails to act because he/she cannot see an injury; seek medical attention on your own immediately. It could save your life and the lives of your co-workers.

Blog posted by April Snow, Business Manager for the firm of Snow, Carpio & Weekley, PLC. Information in this blog should not be viewed as legal advise. For a free consultation and to speak with an Attorney, please call 602-532-0700 or 855-325-4781. You may also visit our website at www.workinjuryaz.com.

Don't Ignore It... Report It!

What is the #1 mistake injured workers make? Not reporting their claims!

Some injuries don't start with a traumatic accident. Some are from stepping down off the ladder wrong or lifting that box that you didn't know was so heavy.

If you feel something isn't right; report it.

It is always better to be safe than sorry. If it turns out to be nothing, you have nothing to lose. But, if it turns out to be an injury that requires medical treatment and results in time off of work, you don't want to take the chance that your claim is denied because you failed to say anything and report it.

This is the most important thing you can do to ensure that you receive the medical care and compensation you are entitled to under workers' compensation law.

Customer Service 

2 little words but... such an important factor in whether a business grows or falters.
At Snow, Carpio, & Weekley, we strive on giving current and potential clients the best customer service possible. With ongoing training and education for all our employees; we have committed to making the entire "Client Experience" at Snow, Carpio & Weekley one that won't be surpassed.

Restore is a functional restoration program (FRP) designed to reduce people’s dependency on pain medications and get them back to their normal, daily lives. Restore’s typical outpatient program in North Phoenix lasts six weeks and includes psychotherapy, non-traditional physical therapy, yoga, pain management, nutrition lessons, group lectures and therapy.

Restore of Arizona is holding two seminars to address the legal, financial and medical aspects of functional restoration. The programs include complimentary breakfasts and helpful information for anyone:
• With pain lasting more than six weeks
• Taking narcotic pain medication
• Hurt on the job
• With legal questions about Worker’s Compensation
• Interested in reducing their dependence on pain medication and returning to a normal lifestyle

The free seminars will take place at Restore of Arizona, 20002 N 19th Ave Ste B-100 Phoenix, AZ 85027 on Saturday, Aug 23rd and sponsored by Snow, Carpio and Weekly PLC and Saturday, Sept 27th sponsored by Schiffman Law PC. Please RSVP by calling 602-714-1408

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

Client Testimonial _ Mr. Thomas DeMott

Snow, Carpio, and Weekley

What is the #1 thing you should do when you are injured?

REPORT YOUR CLAIM!!

I cannot tell you how many calls we get on a daily basis from potential new clients who say that they did not report their claim. Sometimes they didn't report it for several days and sometimes they even go a couple weeks before saying anything to their supervisor. You jeopardize your chances of being covered under Workers' Compensation by not reporting your injury.

The reasons vary. Sometimes it's because they didn't want to get in trouble, sometimes it was because they didn't know who to report it to and sometimes because it happened outside normal business hours when the office staff was not available. But the number one reason why people say they didn't report their claim was because they didn't think it was a big deal and they believed that whatever they were feeling would go away in a couple days with some ice or rest.

No matter how small you believe something is, you should always report it immediately to your supervisor. Even if they do not fill out an injury report, you have told somebody in charge what is going on. If that pain in your back that you think is from lifting something wrong doesn't go away in a few days and it turns out to be a herniated disk; you reported it. If that knee that felt stiff from going up and down the ladder to many times today turns out to need therapy or possibly surgery; you reported it.

An injury isn't always a slip and fall, a laceration or something that is immediately apparent and requires emergency medical attention. An injury can be from repetitive motion, lifting incorrectly, bending over wrong or stepping out of a vehicle to quickly.

So whatever you feel, report your claim.

Blog posted by April Snow, Business Manager for the firm at Snow, Carpio & Weekley, PLC. 

For a free consultation, please call 602-532-0700 or 1-855-325-4781. Visit us on the web at www.workinjuryaz.com



Snow, Carpio & Weekley, PLC sends our

thoughts, prayers and gratitude

to the families of both the fallen officer and his partner who is still fighting for his life.

It is a very sad day in Arizona.

FIRM STATEMENT REGARDING SB1062

At Snow, Carpio, and Weekley, we strongly believe that lawyers who will not stand up for what is right outside of the courtroom, can’t be expected to do so inside the courtroom. Our firm has always taken pro-active stands on issues that affect our clients against the powers that would violate their rights. For example, the historic effort to recall former Senate President Russell Pearce, author of the infamous SB 1070, was hatched in our office, funded by our partners. Our attorneys and staff have been at the front of efforts to limit the abuses of Sheriff Joe Arpaio and former County Attorney Andrew Thomas. In similar fashion, we wish to speak out in the strongest terms against SB1062 which, apart from being unnecessary and divisive, could negatively impact many of our clients. We will continue to speak out against laws and institutions that we feel are unjust, following the maxim that “injustice anywhere is a threat to justice everywhere.”

Diana Ezrre' Robles joins Snow, Carpio & Weekley, PLC

Snow, Carpio, and Weekley, PLC is proud to announce that

Diana Ezrre' Robles joined our firm in December and will be heading up our Tucson office and handling Workers' Compensation cases.

Read more about Attorney Robles on our website at workinjuryaz.com or contact her through email at Diana@workinjuryaz.com

Allyson Snow-Fiamengo joins Snow, Carpio & Weekley, PLC

Snow, Carpio, and Weekley, PLC is proud to announce that

Allyson Snow-Fiamengo joined our firm in November and will be heading up our Social Security Disability side of the firm.

Read more about Allyson on our website at workinjuryaz.com or contact her through email at Allyson@workinjuryaz.com



Is Your Workers' Comp Lawyer Working for You?

Something happened in my practice this week that made me think about client relationships. A client of another Workers' Compensation lawyer contacted my firm. She was unhappy with her current attorney and wanted someone to take a second look at her case. I agreed to meet with her.

I met with she and her husband a few days later. She had suffered a severe injury a few months prior, and her friends and family told her that she needed to " lawyer up" as soon as possible. She then retained her first attorney. She had been paying him 12.5% of her benefits from the date she hired him.

I went through the details of the case. I took time to discuss her present status and what to expect in the future. This is not rocket science, just a matter of taking the time to listen , analyze and explain. She and her husband told me that this was the first time that they understood the process and knew what to expect in the future. They asked to hire me, and I gladly accepted the case. I am not charging them any fees on her current benefits. Rather we will charge a percentage of her permanent Award when she is declared stationary.

The first day of my representation, I handled two fairly simple issues that her prior attorney had ignored, and she was very happy.  Again, not rocket science....Just a matter of listening to the client and responding with action.

The prior attorney upset this client in the following ways:

• He had been charging her attorney's fees but was doing no more than processing her checks.
• He was not listening to her concerns; She explained that he acted like it was a bother when she called.
• He had not taken the time to explain the process of Workers' Compensation, especially what happens in the future.
• He did not act like he was working for her....She felt like she was working for him. Which is absurd.

When you employ a  lawyer, he or she is working for you. They have a professional obligation to handle your case to your satisfaction. If you are not satisfied, then you can do what I tell all of my clients; Fire your lawyer, even if it is me, and hire someone else that will  aggressively and assertively represent you in your case. Another option is to hire no one. I am always happy to discuss cases with anyone at no charge.

You have no obligation to be tethered to an attorney who is not a good match for your case. Usually, you owe the prior attorney nothing if you terminate him or her. There are some exceptions, but I find that one of the reasons that client's terminate prior attorneys is that they are " paying for nothing," as in the case I just detailed. However, I find that unhappy clients are often afraid to fire their lawyer. They feel somehow financially or legally obligated. This is simply not true. 

The client is the boss. Smart clients realize that and act accordingly.

BRIAN WEEKLEY is a Certified Specialist in Worker's Compensation Law with over 24 years of exclusive experience in Arizona Workers' Compensation law. He is listed in Best Lawyers and has an AVVO rating of 9.6/10. He has handled thousands of workers' compensation claims.
He can be reached at 602-532-0700 and brian@workinjuryaz.com.

Tell the Carrier You're Having Surgery!

I have had a rash of clients lately who have scheduled (or undergone) surgeries without letting their attorney know.  When an injured worker in Arizona undergoes a surgery that an insurance carrier may eventually be liable for, the carrier has a right to have the worker examined by a doctor before they undergo surgery.  This is even so in denied cases.  Remember that your injured body part is the evidence and you can't alter the evidence (by undergoing surgery) without giving the other side a chance to examine it.  It is generally accepted that an insurance carrier should be given at least 15 days' notice prior to any surgery that they may have to pay for.  If the worker fails to give adequate notice, the carrier may not be liable for payment for the surgery, although they would still have to pay for follow up care and compensation resulting from it. 

If you have a work injury in Arizona, remember to keep your attorney, or the insurance carrier, up to date on any changes in your treatment or condition. 

Chad T. Snow is an attorney in Arizona who practices exclusively in the area of workers compensation.  He can be reached at his firm Snow, Carpio, and Weekley at (602) 532-0700 or on their website at www.workinjuryaz.com 

Don't Fear the Deposition.

Don't Fear The Deposition

By Brian Weekley,

Firm Partner

Snow, Carpio & Weekley, PLC

All Notices issued in your Workers' Compensation claim must be protested within 90 days of the day mailed. You must file a written request for hearing with the Industrial Commission of Arizona ( ICA) in order to preserve your rights.

The ICA will set a hearing date based on your request for hearing. Once the hearing date is set, both the injured worker and the carrier or third party administrator need to prepare for hearing. The carrier sends its' file to their chosen defense attorney. It is highly recommended that the injured worker also seek legal counsel at this juncture of the case.

In preparation for hearing, the defense attorney will want to depose the injured worker. I have found in my two decades of practice before the ICA that injured workers tend to somewhat irrationally fear depositions. They tend to be concerned that the defense attorney will be abrasive, abusive, rude, and will engage in trickery and word games in order to manipulate the injured workers' testimony.

In general, these fears are unwarranted. Defense attorneys tend to be specialists in the workers' compensation community, with many years of experience.  As a result, the depositions tend to be short ( less than one hour), concise and simple. The defense attorney is seeking information upon which they can defend their client's case.

The best thing that the injured worker can do is to be completely honest and to provide clear responses to the attorney's questions. The phrase that ' The truth will set you free" applies. Also, the injured worker should never guess at an answer. Nor should he offer long, rambling explanations to questions. Simple answers are the best.

So... don't fear the depo. tell the truth and keep it short. Best of luck.

Average Monthly Wage

In every single Worker's Compensation case the insurance carrier must recommend what the average monthly wage of the injured worker will be. It is very important that the average monthly wage is calculated accurately to reflect the earnings of the injured worker. If the wage is not calculated correctly the injured worker and for his attorney must protest the notice within the allotted time. One of the first things I do when a client has retained me, I look to see if the average monthly wage has been established. If it has not been established I immediately asked my client to gather all his paycheck stubs and W-2 forms so that we can accurately recommend the most appropriate wage that will benefit my client. In Arizona, if the injured worker has dual employment, wages from each employer must be taken into consideration when calculating the average monthly wage. It is important to calculate the average wage correctly because the injured worker will be compensated based on the average  monthly wage and as an attorney representing injured workers I always want to maximize the wage because All future in indemnity payments will be based on the average monthly wage.

X. Alex Carpio

Hearings at the Industrial Commission: Streamline and Simplify

     I have been attending hearings at the  Industrial Commission of since the late 1980's. I always recommend having attorney assistance during the pre hearing and hearing phases of a workers' compensation claim, but if you choose to represent yourself, here a few tips.

    The best, and briefest, advice that I can provide is to streamline and simplify whenever possible. You should always focus on the one or two most compelling items of evidence that support your position. I have always found that each cases has one or two " hooks," or critical details that can make a difference . 

    Second, remember that you are presenting your case to an audience , specifically the Administrative Law Judge.Make it interesting compelling and simple. Simplicity sells. Boring a Judge and opposing counsel with irrelevant details creates an environment where no one is listening to you. 


     Even with medical evidence and conflicts, evidence can be simplified. Look for crux of the dispute if there are differing medical opinions. Are the physical exam results different? Is there missing data or images? Is there a conflict in the history?
     
     It is easy to complicate things, and lawyers are notorious for complicating the simple. It is much harder, and much more effective, to provide a simple, concise presentation.

     Please feel free to contact me with any questions. I have been practicing exclusively Arizona Workers' Compensation Law since 1988. I am former ICA staff counsel and am a certified Specialist. You can see my reviews on www.avvo.com. Thank you.

Brian Weekley
brian@workinjuryaz.com
Snow, Carpio, and Weekley 

www.workinjuryaz.com

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.

Recent Bad Decision from Arizona Court of Appeals - Apples to Oranges

I recently litigated a claim at the Court of Appeals that had to do with Arizona's "Equal Measure Rule" as set forth in the Elias v. Industrial Comm'n case.  That case says that the same measure of hours used to calculate the injured worker's pre-injury average monthly wage should be used to calculate their post injury earning capacity.  In short, a worker who worked less than full time before their injury shouldn't be measured using full time hours after. 

In my case, when we litigated average monthly wage, the carrier argued vehemently that my client worked less than full-time, or 31 hours per week to be exact.  The judge agreed and set the wage based on 31 hours per week.  However, when we got to the LEC (loss of earning capacity) stage, the carrier argued that he was a full time employee, and that therefore his post injury earning capacity should be based on 40 hours per week.  The ICA judge applied (correctly, I believe) the "equal measure rule" and found that the post injury earning capacity should be based on the same number of hours as the average monthly wage.  The carrier appealed. 

At the Court of Appeals, I tried to point out to the justices that "full time" and "part time" work defy an exact description.  For example, is 38 hours a week "part time" work?  Is 29 hours "part time"?  At exactly what point does full time work become part time and vice versa?  My argument is that using the exact number of hours worked pre-injury as worked post injury is the most exact way of giving "equal measure".  The justices disagreed, however, and would have us continue clumsily trying to pigeonhole workers into either a 40 hour week or a 20 hour week, with no flexibility for any other circumstances. Bad decision made by otherwise very smart lawyers who know very little about workers compensation law. 

Chad T. Snow is a work injury lawyer with the firm Snow, Carpio, & Weekley.  With offices throughout Arizona, he can be reached through the firm's website at www.snowcarpio.com 

" Faking" work injuries.

In my 24 years of practice, I've represented employers, the Industrial Commission and injured workers. I think that I have a fairly balanced perspective when it comes to this industry.

In my experience, one of the most common misperceptions by injured workers, their families, employers and society in general is that injured workers are " faking " injuries. From my perspective, the ability and incentives to fake injuries are narrow margin.

First, the life of a claimant can be miserable. He or she can be considered a social pariah. Also, the benefits are not exactly rich. There is no pain and suffering, nor are damages paid to claimants. There are ONLY medical and compensation benefits.

For compensation, an injured worker receives  66 2/3% of his or her average monthly wage based on earnings prior to the injury. Period. He can be terminated while on workers' comp. His employer does not have to pay benefits during this time. He loses whatever job security he had before the injury. He is injured , unemployed, and usually uninsured. 

99% of the workers I have represented dislike being off work; it drives them and their families crazy. It reduces their self esteem and self worth. It increases boredom.  I think that all of us can relate that we would drive ourselves and those around us crazy if we were on a semi permanent vacation around the house. I have always relate the "idle hands " parable to my clients.

" Faking it" does not entitle one to benefits. Any time loss must be substantiated by a medical opinion. In other words, a physician must restrict the injured worker to a no, light, or full work status. Physicians now rely on diagnostic tests that did not exist 20 or 30 years ago, such as CT and MRI scans. These test allow physicians to obtain objective proof of injuries. Complaints are not enough. They must be substantiated, or benefits will usually be denied. 

It does not matter how badly one hurts, or complains; a claim is only as strong as its' underlying medical evidence. 

Finally, " faking it" requires a somewhat sophisticated and elaborate plan to fabricate an injury event and report that event accurately to layers of investigative and medical professionals. I do not think have ever seen a claimant successfully run this gauntlet . 

In summary, I encourage everyone to be open minded, examine claims on an individual basis and look at the objective medical evidence. A claim is like a puzzle where all of the pieces should fit together fairly well. Thanks.

BW

Snow, Carpio, and Weekley

Snow, Carpio, Weekley, PLC has a new toll-free number!

You can reach us at: 855-325-4781.

Our New Partner Brian Weekley

As you may have seen, the name of our firm has changed recently.  As of April 1st, the firm name is Snow, Carpio, and Weekley. We have been joined by one of the most respected Arizona workers compensation attorneys, Brian Weekley.  Brian has been practicing in the Work Comp field for over 22 years.  He started his career at the Industrial Commission of Arizona, and has spent the last 20+ years as a partner at one of our biggest competitors.    When Brian approached Alex Carpio and I about joining our firm, we were flattered.  Brian indicated that he wanted to join Snow & Carpio because of the dynamic way we approach work injury cases which is reflected in how quickly our firm has grown. Brian has a large caseload in the Kingman, Lake Havasu, and Bullhead City area where he has worked for over 20 years.  He is joined by his longtime paralegal, Krista Quinn.  Brian is a State Bar of Arizona Certified Specialist in Workers Compensation.  His addition brings to six the number of attorneys in the firm.  We are happy to have him on board!

Chad Snow is a workers compensation attorney in Phoenix, Arizona.  The firm has offices throughout Arizona, including in Tucson, Kingman, and Lake Havasu City.  They can be reached at (602) 532-0700, (520) 647-9000, or through their website at www.snowcarpio.com.

Look for Work While on Light Duty

I can't stress enough the importance of injured workers in Arizona looking for alternate work when they are released for light duty by their doctor.  Case law in Arizona states that an injured worker has an affirmative duty to mitigate his or her damages by looking for alternate work that they could do while on light duty.  Once you show that you have looked for work, the burden shifts to the carrier/employer to show that jobs exist within your restrictions for which you would be considered.  Many of my clients think that because their restrictions preclude them from doing their regular job, they don't have to look for other work.  Not true.  The reality is that no one is going to hire someone with an open workers comp claim - everybody knows that.  But unless you make a good faith effort to look for light work, the carrier is not obligated to pay you temporary compensation. 

Chad T. Snow is an Arizona workers compensation lawyer with offices in Phoenix, Tucson, and Lake Havasu City.  He can be reached through his firm's website at Snow, Carpio, and Weekley.

How to Get the Most Out of Your Free Consultation With Workers Compensation Attorney

Not many professions offer free work.  When is the last time you saw a doctor for 30 minutes for free?  What about an auto mechanic?  An accountant?  So take advantage of the fact that most attorneys are available for free consultations on your case, usually up to about 30 minutes.  Here's a few tips to make the most of this great opportunity.

1.  Come prepared.  I've met with dozens of potential clients who show up at their consultation without any of the documents regarding their claim.  If I know nothing about your work injury or claim status, I can't really tell you what I can do for you.  Bring all documents, including letters from the insurance carrier and Industrial Commission.  Try to have them organized - throwing them all into a plastic grocery bag doesn't count!

2.  Don't bring your children.  Don't get me wrong, I love kids.  Have five of them myself.  But it is difficult to concentrate on this very important matter if we are both being constantly distracted by a child.  Plus, kids find law offices boring.

3.  Make sure and disclose EVERYTHING about your case to the lawyer.  I don't know how many times I've been told negative information about a client or their case the day of their hearing.  I usually respond with "It would have nice to know that SIX MONTHS AGO!!!"  Remember that your lawyer is on your side.  The sooner we know negative information, the quicker we can deal with it. 

4.  Remember that it's free.  Many potential clients unfortunately think that attorneys are social service agencies that are obligated to provide legal services to everyone.  That is not the case.  We are private businesses.  We don't have to take every case.  Be grateful.  Many times I have taken a case that I would not have otherwise taken simply because the person was pleasant and grateful for the free advice. 

5.  Come with questions prepared.  After the attorney has given you their assessment of your case, ask any questions that have not been answered. 

Chad T. Snow is a lawyer with the law firm of Snow, Carpio, & Weekley who limits his practice to representation of injured workers before the Industrial Commission of Arizona.  He can be reached at (602) 532-0700, (520) 647-9000, or through visiting the firm's website.

PRESS RELEASE

Firm Partners Chad Snow and X. Alex Carpio of Snow and Carpio, PLC are pleased to announce that Brian Weekley, Attorney at Law has merged his practice with ours to create the new firm of Snow, Carpio, and Weekley, PLC.

Brian was born in Oak Ridge, Tennessee in 1960. Following graduation from high school Brian traveled through Europe then began college at California State University, Fullerton, when he obtained a Bachelor’s Degree in English Literature. Brian then moved to San Diego to attend and graduate from California Western School of Law. Brian began his legal career at the Industrial Commission of Arizona. He joined Taylor and Associates in 1990 and practices exclusively in the area of Worker’s Compensation. He became a Certified Specialist in 1998, and is recognized in Best Lawyers in America and Super Lawyers.

Snow, Carpio, and Weekley, PLC looks forward to continuing to provide the highest level of service to injured workers and those with disabilities throughout Arizona.

For more information regarding Snow, Carpio, and Weekley PLC, please contact our Phoenix office at 602-532-0700.

Job Retraining After an Arizona On the Job Accident

Many of our clients ask if their company or the insurance company has to pay for job retraining if they are unable to return to their job due to an industrial injury.  The short answer is:  no.  However, there are a few options for vocational rehabilitation following an Arizona work injury.  The first and most common is voc rehab through the Industrial Commission of Arizona's "Special Fund".  The Special Fund is funded by a surcharge on all workers comp premiums paid in the state.  One of its purposes is to pay for job retraining for those whose injuries result in permanent limitations that prevent them from returning to their date of injury job.  Typically, the Special Fund contracts with a Certified Rehabilitation Counselor to help the injured worker identify a field that they are interested in and help them develop a retraining program.  I have had many clients who take advantage of this great benefit and actually come out with higher wages than they had before their injury. 

There are other vocational rehab programs through the state and some local governments and private charities.  Unfortunately, these have been largely underfunded since the onset of the Recession and I don't hear much about them anymore.  For more information about Voc Rehab following an Arizona work injury, feel free to contact our office at Snow, Carpio, and Weekley.

Chad Snow is a workers compensation attorney with the Arizona firm of Snow & Carpio.  He can be reached at the Phoenix office at (602) 532-0700 or in Tucson at (520) 647-9000. 

AZ Work Comp Law that Needs to Change

Snow, Carpio, and Weekley have always been active at the legislature in helping protect the rights of injured workers from legislation that is unfavorable.  One such statute that I intend to challenge when the time is right is A.R.S. 23-1044(D).  The insurance industry slipped a change in this one by a couple of years ago.  It provides that if an Employer offers an injured worker a modified job, and the worker subsequently loses that job for "reasons that are unrelated to the industrial injury", the carrier can take a credit for what the worker would have earned but for their fault in losing the job.  The statute says that the Industrial Commission "may" use those wages to determine the injured worker's post-injury earning capacity.  I have now litigated several of these cases - luckily not one judge has found that the injured worker was at fault in losing their job.  Usually they were fired for some pretext so the Employer/Carrier could try and get out of paying permanent compensation.  However, that hasn't stopped the carriers from trying.

Another statute provides that an Employee has to accept a bona fide job offer for modified work from their employer and if they don't, the carrier can use the wages they would have earned to determine their earning capacity.  My problem with these statutes is that they force workers to work for companies that they may not want to work for, at the risk of losing their benefits.  I don't mean to be melodramatic, but it's a form of slavery or indentured servitude.   I believe we fought a civil war over that issue. 

I'm looking for just the right case to take to the Court of Appeals to overturn these statutes.  I can't wait to be the first attorney to make a 13th Amendment argument in an Arizona Work Comp claim...

Chad T. Snow is an attorney with the Arizona Workers Compensation firm of Snow, Carpio, and Weekley.

Do you want to be featured on our website?

Are you happy with Snow and Carpio, your attorneys and our staff?

If so, we are looking for clients who are willing to let us film you to put on our website, Facebook and YouTube Channel! It only takes a few minutes & can be done right here in our office! All you need to say is your first name, what makes you happy about having chosen Snow and Carpio and why you would refer us to others. That’s it!

If interested, please let us know so we can schedule a time to come in and be filmed!

When is the Best Time to Hire an Attorney in Arizona Work Comp Claim?

I've posted about this before, and I'll say it again - the best time to consult with an attorney if you've been seriously injured on the job in Arizona is AS SOON AS YOU CAN AFTER YOUR INJURY.  I have met with too many clients who wait until their claim is closed or even after the closure has gone final to contact an attorney and find out what their rights are.  I just met with a lady yesterday who came to us to see if we could reopen her claim and I didn't have the heart to tell her that she could be getting twice as much per month in permanent benefits if she had consulted an attorney. 

Remember that no matter how nice the claim representative from the insurance company is, they are in business to make money - which they do by paying you less.  Whether you contact Snow & Carpio or another workers compensation law firm, take advantage of the free consultation and find out your rights immediately after your injury. 

Chad T. Snow is an attorney in Phoenix, Arizona who limits his practice to representing workers who have been injured on the job.  He can be reached at (602) 532-0700, (520) 647-9000, or through the firm's website at Snow, Carpio, and Weekley.

FRIENDLY REMINDERS FOR INJURED WORKERS

FRIENDLY REMINDERS FOR INJURED WORKERS

Your doctor releases you to light duty work. You must go back to your employer where you were injured and see if they have light duty work available for you. If your employer does not have light duty work, you must look for light duty work within your work restrictions in good faith. Look for 3-4 jobs per month and keep a record of them. Most employers will not hire you, but the law requires you to look for work. Remember to ask your doctor each time what your work restrictions are, if any.

When you are seeing a doctor, don’t exaggerate your symptoms. For example, never say your pain is 10 out of 10, or that you never get out of bed. If you over-exaggerate your symptoms, the doctor is not likely to believe you. It is o.k. to say that you have good days and bad days, and that sometimes you are able to do more things than other times. This includes filling out questionnaires in doctors’ offices. Never indicate that your symptoms affect you to the most severe level possible. If they move you, pull you, touch you and it doesn’t hurt do not say it hurts, if it hurts then say it hurts. There is no need to exaggerate your symptoms. Simply be honest.

Be aware that occasionally insurance companies do surveillance of injured workers. You do not need to become paranoid and think that you are always being followed; just do not act one way in the doctor’s office and another way in public. If you tell the doctor you cannot do certain activities and you are caught doing them on surveillance, a judge will probably not believe you. Remember your work restrictions, if you do not know your work restrictions you will not know what you can or cannot do. Knowing your work restrictions is essential to your case.

Keep our office informed. If you move, tell us. If your phone is disconnected, let us know how we can get a hold of you. If AHCCS or your private healthcare insurance will pay for your surgery because the workers’ compensation carrier is failing to authorize, under Arizona law we must provide the insurance carrier adequate notice in writing of your upcoming surgery for them to be possibly liable for it in the future. Do not have a surgery without telling us first. If you see a new doctor or are treating with another doctor please tell us. We must be aware of all the doctors that are treating you. We can represent you best when we know everything about your case.

Your attorney is always willing to meet with you to discuss your case. However, just like with your doctor, you need to make an appointment first. We are usually busy throughout the day going to court, depositions, and meeting other clients. Make sure you let our staff know the purpose of your appointment so the attorney knows what your meeting will be about.

Be careful what information you put on public social media sites. Insurance carriers have become very skilled at getting negative information about injured workers from social media sites such as Facebook, Twitter, LinkedIn, or MySpace. Be aware that information you put on public social media sites can be used against you in court even if your profile is set to private.

You can reach any of our staff anytime at their e-mail address, which is (the person’s first name) @snowcarpio.com. For example, Mr. Snow’s e-mail is chad@snowcarpio.com, Mr. Carpio’s is alex@snowcarpio.com – the same for everyone in the firm. This is often the best way to get a hold of us and get a quick response. You can also see all of our services at Snow, Carpio, and Weekley. However, if it is something complicated or you do not have access to email please call us to set up an appointment.

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.