Can I Sue My Employer?

Can I Sue My Employer?

by Nick Wearne

Associate Attorney

In Arizona, you are generally unable to sue your employer for an injury that has occurred on the job, regardless of how it occurred.  The law in Arizona forces employers to get workers compensation insurance but, it also bars personal injury lawsuits against them, even if the company was careless or negligent.  So while you may not be able to sue your employer, the trade off is you are guaranteed workers compensation coverage for injuries that occur at work, even if they were your fault.

If injured at work you are entitled to medical coverage and a percentage of your lost wages for time off work.  While you are not allowed to sue your employer, if you are improperly denied these workers compensation benefits, you can protest the denial in front of a judge.  If you win, the company must pay you the benefits designated by the judge back to the date of injury.

If you were injured at work and you feel someone other than your employer was responsible for the injury, you may sue that person in court without a problem.  For example, if a piece of equipment malfunctions or if you drive a company car and are injured by a negligent driver, you may sue the responsible party in court.  If you receive workers compensation benefits while you are suing, the workers compensation insurance company may be entitled to reimbursement from whatever money you receive.

If you have questions you need answered, call Snow, Carpio & Weekley, PLC at 602-532-0700 for a free consultation or got our website at www.workinjuryaz.com to find out more about our firm.

Yuma

Snow, Carpio & Weekley is very proud to announce 

that our new Yuma office will be open on February 1, 2015! 

The Yuma office contact information is:
152 South 1st Avenue 
Yuma, AZ 85364
928-783-7000

We look forward to serving the injured workers of Yuma County with the same high level of legal representation and customer service as our other Arizona offices!

Attorney Nick Wearne

Attorney Brian Weekley Speaks about a Recent Case

Neck Injuries

Neck Injuries

by Chad Snow, Partner

Snow, Carpio & Weekley, PLC

Some of the most common and most debilitating injuries sustained on the job are injuries to the discs and vertebrae of the neck, also known as the cervical vertebrae.  These usually happen as a result of falls or sudden deceleration accidents.  

Treatment for neck injuries is usually done by an orthopedic spine surgeon or neurosurgeon, if surgery is needed – or a physiatrist (also known as Physical Medicine and Rehabilitation) specialist for non-surgical treatment.  Treatment of neck injuries can include physical therapy, epidural and facet injections, or surgery.  

Although many people successfully recover from a permanent neck injury, many are left with permanent restrictions, mainly on heavy lifting or prolonged periods of overhead work, which can place additional stressors on the neck.  For purposes of Arizona workers compensation claims, neck injuries, when permanent, are classified as unscheduled and can result in permanent partial disability if the injury precludes a return to regular work.  

If you have a neck injury or any other type of work injury and would like a free consultation, call the Snow, Carpio & Weekley at 855-325-4781.

Heart Injuries and Heart Attacks

Heart Injuries and Heart Attacks

by Nick Wearne, Associate Attorney

Snow, Carpio & Weekley, PLC

Some work related injuries have special laws that govern whether they are compensable and how much benefit can be received.  One such law is Arizona Revised Statute 23-1043.01.  This section tells us what is required for a heart related injury to be covered under workers compensation. 

Generally speaking, a heart related injury is not covered under workers compensation.  However, the statute says a heart related injury is covered when some injury, stress, or exertion related to the employment was a ‘substantial contributing cause’ of the heart injury.  Whether a work related stress or exertion is a ‘substantial contributing cause’ is a determination that must be made by an administrative law judge on a case by case basis.

While it is hard to know ahead of time how a judge will rule on a heart attack case, we can look at past cases for guidance.  In one Arizona case, Skyview Cooling v. Industrial Commission, a heart attack was considered compensable where the main cause of the worker’s heart attack was the workers underlying heart disease but, a work related exertion precipitated the attack.  The worker in this case was walking through thick mud while doing farm work in Yuma Arizona when he experienced a heart attack.  The worker’s doctors agreed that the main cause of the heart injury was a blocked artery in the workers heart but, one of the doctors testified that the exertion from walking through the mud, and the exertion of having to pull his legs out when he got stuck, contributed to the heart attack and caused the attack to happen when it did.  The heart injury in this case was considered compensable under workers compensation.

If you have a job that requires stress/exertion, have experienced a heart attack while at work, and a claim was never filed or has been denied, call an experienced workers’ compensation attorney.  Do not assume that just because you had heart disease or were somehow predisposed to a heart attack that you do not deserve coverage.  At Snow Carpio and Weekley we will fight to get your past medical expenses covered, we will fight to get you lost wages while you recover, and will fight to get you the best cardiac care possible. 

Hernias

Hernias

by Attorney Nick Wearne

Some work related injuries have special laws that govern whether they are compensable and how much benefit can be received.  One such law is Arizona Revised Statutes Section 23-143.  This section tells us what is required for a hernia to be covered under workers compensation.  A hernia is defined as a condition in which part of an abdominal organ protrudes through the abdominal muscles that are supposed to contain it.  Hernias are placed in two different categories according to the law: 1) Real Traumatic Hernias, and; 2) All other hernias.

A Real Traumatic hernia is an injury caused by a cut, puncture, or tear to the stomach or groin area that cuts through the skin and causes an exposure or protrusion of abdominal organs.  These types of hernia injuries can be life threatening and we do not see them very often.

Hernias more often occur when a person is lifting, twisting, or moving while handling something heavy.  There is no puncture of the skin but organs break through the abdominal wall causing a bulge beneath the skin.  These types of hernias, regardless of how they occur, are considered to have existed since birth or to have formed over many years and are not compensable under workers compensation, unless you can prove 4 things:

1)      The cause of the hernia was a sudden effort or severe strain related to your employment

One of the hardest things about hernia cases is that when our clients go to the doctor immediately after they will often tell the doctor about all the groin pain they have ever had in the past.  The doctor will usually make note of this in the medical record.  Even though such groin pain is almost always unrelated to the hernia and caused by sore muscles or gas, the insurance company uses the medical record to suggest that the hernia was of a gradual onset and not caused by a sudden event.  Such cases become much more difficult to win.

2)      The decent or popping out of the hernia occurs immediately

The hernia bulge has to have occurred at the same time or immediately after the sudden effort or strain.  The hernia bulge consists of organs protruding through your abdominal wall and occasionally can be pushed back into the abdomen or will go away when you lie down. Because they have pushed the bulge back in, sometimes clients will tell the doctor they have no hernia bulge or protrusion.  Before long these clients will strain and the hernia will protrude once again through their injured abdominal wall.  Such cases become more difficult to win because insurance companies suggest that the bulge did not occur till long after the original strain. 

3)      You experienced severe pain during the incident

a.       At the time of the strain or effort you must have experienced severe pain. When you go to the doctor following a hernia, it is not the time to try and prove you have a high pain tolerance.  Be truthful with your doctor regarding the pain you experienced at the time of the event.

4)      The pain and hernia bulge were of such severity that you reported them to your supervisor

a.       You must report you hernia to a supervisor immediately.  If you do not report it immediately your cases becomes difficult, if not impossible, to win.  Do not try and tough it out as this could be detrimental to both your health and your case.

If you have experienced a hernia at work, and feel you may be entitled to compensation, you need to hire an experienced workers compensation attorney to help you get the benefits you need. Contact our offices toll-free at 855-325-4781. You can also visit us online at www.workinjuryaz.com to read more about our firm and attorneys.

The Big Picture - A Workers' Compensation Case Flow Overview

Blog by 

Nick Wearne

Associate Attorney

Snow, Carpio & Weekley, PLC

Many of our blog posts are focused in on specific workers’ compensation issues. However, one of the first things we like to do when clients come in is walk them through the natural progression of a case so they get the big picture. A typical workers compensation case proceeds as follows.

Step 1: 
An Injury Occurs at Work The workers’ compensation system is a no fault system. That means that if you are injured you are entitled to compensation regardless of whose fault it was. However, the injury must occur while you are on the job. Work breaks, lunches, or any other activity that occurs on the job site is usually considered ‘on the job.’ Driving to and from work unfortunately is not.

Step 2: 
Forthwith Reporting Once an injury has occurred the law says you must forthwith report the injury to your employer. While the precise definition of the word forthwith is unclear, it essentially means immediately.
In professions where it is common for a worker to become sore from the days work, and injury symptoms originally presented as soreness, it is ok to wait a few days. But, when in doubt, report immediately!

Step 3: 
Active Care Once an injury has occurred you should go to the doctor and will begin to receive active care. Active care is medical treatment designed to help you get better.
If you have been injured do not wait to go to the doctor, as this may hurt your case. If your employer does not send you, schedule an appointment yourself or report at the emergency room. While going through active care your functioning capacity should begin to improve.

Step 4: 
Forms 101, 102, and 407 Within 10 days of your injury your employer should file a document referred to as Form 101 with the Arizona Industrial Commission. Likewise your doctor should file a Form 102, reporting the injury to the Industrial Commission.
 If your employer and your doctor have not filed these forms, you can report the accident yourself by filling out Form 407 and sending it to the Arizona Industrial Commission.

Step 5: 
The Insurance Carrier Accepts or Denies Your Claim Once the appropriate forms have been filed, the information gets sent to your employer’s insurance carrier. The insurance carrier then accepts or denies the claim. If a claim is wrongfully denied we can request a court hearing and will protest the decision.
At times we have clients come in telling us that their employer does not have an insurance carrier so they never filed a claim. All employers are required by law to carry workmans’ compensation insurance and their carrier is kept on file with the Arizona Industrial Commission.

Step 6:
Average Monthly Wage is Determined Once a claim has been accepted, the insurance carrier sends information to the Industrial Commission explaining what they think your average monthly wage was at the time of the accident.
Normally you’re the carrier will send in the amount you earned in the last 30 days. The Industrial Commission reads through the information sent over by the insurance carrier and they make their own determination. If for some reason you feel the average monthly wage determination is incorrect we protest the amount by scheduling a hearing and by collecting information showing the amount was incorrect.
Common reasons for protesting an average monthly wage determination is that the worker had more than one job, the worker took some vacation time in the month before they were injured, etc. It is extremely important to be sure your average monthly wage is correct because the benefits you receive will be based on this amount.

Step 7: 
Temporarily Totally Disabled (TTD) or Temporarily Partially Disabled (TPD) Remember, at this time you are in active care, care designed to help you get better. During your active medical care you are also entitled to lost wages. The amount you receive in lost wages will vary depending on if you are TTD or TPD. Temporarily Totally Disabled means the doctor has said you cannot work at all. Our clients are often TTD after they come out of a serious surgery or if they have had broken bones.
When a person is TTD they are entitled to 66.67% of their average monthly wage split up into two payments a month, no questions asked.
Temporarily Partially Disabled means the doctor has put you on light duty. Our clients may be designated as TPD when they are going through physical therapy and rehabilitation. During this time you must ask their employer if they have light work for you to do. If you have been fired, you must look for light duty jobs. If you find a job doing light duty, or if your employer gives you a job doing light duty, you are entitled to 66.67% of the difference between what you would have made without the injury and what you now make.
If you cannot find work you are entitled to 66.67% of your average monthly wage, payable once a month. You are entitled to these benefits from the date of your injury, but often times you will not receive them till you average monthly wage has been determined. Fortunately, benefits are retroactive, and the company will give you back pay for all the payments they missed.

Step 8: 
Maximum Medical Improvement At some point in your treatment you will become medically stationary. This means you will have improved as much as the doctors think you are going to improve. Hopefully this means you are a 100% better.

Unfortunately, for most clients, it means that they have plateaued at some percentage and rather than treating you to get better, the doctors merely try and keep you stable. This type of medical care is called supportive care and usually includes things like occasional physical therapy, pain medications, epidural injections, etc.
Often times the insurance carrier will schedule an independent medical examination during your active care. For this appointment they will send you to a different doctor hoping that he/she will say you have reached maximum improvement. The insurance company has the right to do this and you must attend these examinations. We will often protest maximum medical improvement designations and will schedule a court hearing to try and keep you in active care.

Step 9: 
Post Injury Benefits Once you’ve reached Medical Stability and are receiving supportive care, your benefits change. You will always be entitled to your supportive medical care. However, the lost wages you will receive from that point on depend on whether your injury is scheduled or unscheduled.
An injury is scheduled if it is listed in A.R.S. 23-1044. Scheduled injuries include injuries to a finger, a hand, an arm, a foot, a leg, ears, an eye, and facial scars. For scheduled injuries the amount of compensation has already been set by statute. However, the amounts set by statute are for total loss. A total loss injury is one where the injured body part is severed or is left completely dysfunctional. If you have not experienced a total loss but instead, a loss in function, then you will receive some percentage of the amount laid out in the statute.
Any injuries not listed in A.R.S. 23-1044 are unscheduled injuries. If you have two or more scheduled injuries, they too become unscheduled injuries. When you have a unscheduled injury your compensation will be based on your loss in earning capacity. Someone at the Industrial Commission will look at your injury restrictions as well as your education and will determine what your earning capacity is. If we do not agree with the Industrial Commission’s determination we will protest it and hire a labor market expert to testify in a court hearing about what your lost earning capacity should really be.
Once your loss in earning capacity has been determined you will receive 55% of that amount, payable monthly, for the rest of your life. If it is determined you have experienced a total loss in earning capacity, or in other words that you can make no money, then you will receive 66.67% of your average monthly wage, paid monthly, for the rest of your life.

Step 10: 
Reopening a case While receiving your post injury benefits, you will be receiving supportive care only. Some clients receive supportive care for the rest of their life and never need more than that. Other clients experience complications with their injuries and they require further active care such as a second surgery or further testing. If active care becomes necessary, we can petition the Industrial Commission to reopen the case. If we are successful in reopening the case you will repeat steps 7-9.

Attorney Nick Wearn is an Associate Attorney at Snow, Carpio & Weekley, PLC. For more information on work injuries or how our firm can assist you, please call us at 855-325-4781 toll free. We are happy to speak with you and set you up for a free consultation in any of our Arizona offices. You can also read more on our website at www.workinjuryaz.com.

Surveillance

Surveillance

by Attorney Nick Wearne

Associate at Snow, Carpio & Weekley, PLC

On occasion our clients notice that they are being followed and videotaped by an investigator.  We refer to this as surveillance.  These investigators are hired by your employer’s insurance carrier to monitor and record you.  Contrary to what you may believe, it is completely legal for your employer’s insurance company to videotape you. 

Why do they do it?

Despite warnings, there are some injured workers who will continue to engage in activities inconsistent with doctor recommendations.  Insurance carriers often spend a few hundred dollars to hire an investigator to videotape you with the hope that they will catch you doing this.  If the investigator obtains footage of you disobeying your doctor’s recommendations it can destroy your credibility with the insurance carrier, with your treating physician, and with the judge assigned to your case.  Many physicians may even change work recommendations if the footage shows you working outside of your restrictions with little or no pain. Surveillance can be a powerful tool for the insurance company.

Moral of the Story

The moral of the story is never do anything above and beyond the work restrictions the doctor has advised.  At times you may be tempted to tough it out or to test your limits, but doing more than has been advised could be detrimental not only to your case but also to your health.

Settlement of Workers Compensation Claim

Settlement of Workers Compensation Claim

Many times, it is in the interest of both the injured worker and the insurance carrier to settle either part or all of a claim.  All settlements must involve a bona fide dispute between the parties and must be approved by a Judge of the Industrial Commission of Arizona.  Settlement of a claim prior to the claim being accepted are called “compensability settlements” and are the only settlements that can include future active medical care.  Other issues that can be settled include entitlement to temporary compensation, supportive care, and Loss of Earning Capacity.  For accepted claims, future active medical care can never be settled.  Because there are numerous factors which determine what a claim is worth, and because insurance companies are for-profit businesses trying to pay as little as possible,  it is always a good idea to consult an attorney prior to settling a claim.  

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

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