Can I Get a Loan on my Workers’ Compensation Benefits?

By Brian Weekley, Partner 

Snow, Carpio & Weekley

The simple answer is no.

By law, workers’ compensation benefits in the State of Arizona are not subject to lien. That means that a lender, such as  national advertiser Oasis Finance, is unable to legally secure all or part  of your future workers’ compensation benefits in order to pay its loan.  Without that security, no loan can be completed. The same logic applies to liens for medical services and products. These liens are unenforceable and, therefore, I highly recommend against their use.

I been asked many times in the past few years by clients to sign such a lien. I have always refused, exactly for this reason. I cannot sign a lien that is waive-able by the debtor. 

As an aside, the terms of these loans are usually very oppressive, with sky high interest rates and penalties. 

Similarly, your attorney is prohibited by law from lending you money. 

I realize that a workers’ compensation claim creates a lot of financial pressure on claimants, since , if they are being paid correctly, they are only receiving 2/3 of their normal monthly income. The amount of benefits paid is also subject to a ceiling known as the "maximum average monthly wage." There may be other, and better, options to increase a claimant’s benefits. these options do not include loans, advances, or other onerous products. 

For more information on this topic or if you have any other questions about Workers' Compensation or Social Security Disability, please call 855-325-4781 to schedule a free consultation in person or over the phone. You may also find more information about our firm at www.workinjuryaz.com.

Nurse Case Managers

NURSE CASE MANAGERS

by Chad Snow, Attorney and Managing Partner

One of the insurance company’s best tools in reducing their costs (and your benefits) is by hiring a “Nurse Case Manager” to work on your case.  These are usually R.N.’s who try to act like they are your advocate, but are really just an agent of the insurance company.  They will arrange for you to see doctors who are usually extremely insurance-oriented, schedule your appointments, and then attend the appointment with the injured worker.   At the appointment, they can then pressure the doctor into limiting the amount of medical care that the injured worker receives and into releasing him or her to work as soon as possible – even if the injured worker doesn't feel ready to return.  Generally, our firm does not allow nurse case managers on our files.  One of the benefits of having a Workers Compensation Attorney is that any agent of the insurance company (NCM’s) is not allowed to have contact with you as it violates the attorney-client privilege.  In some special cases we do allow them to work with our clients and they can be very helpful.  For example, in catastrophic injury cases where the injured worker is unable to make appointments or follow up on their own medical care or in cases where multiple specialists are involved.  I don’t mean to sound overly negative about nurse case managers, and there are some that are very conscientious and great at what they do – but we’ve had too many bad experiences with them over the years to not be at least a little skeptical.  If you have questions about a Nurse Case Manager in your case, you should contact one of our attorneys to see if it is hurting your case.  

The ramifications of receiving medical care in rural communities

Special Considerations for Workers’ Compensation Cases in Rural Arizona

The ramifications of receiving medical care in rural communities

By Attorney Brian Weekley, Partner

Snow, Carpio & Weekley, PLC

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

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

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

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

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

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

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

What if I am a 1099 Contractor and I get injured?

Can I still recover under workers compensation if I work as an independent contractor?

by Nick Wearne, Associate Attorney

Snow, Carpio & Weekley

In Arizona, independent contractors are not entitled to workers’ compensation benefits. Workers’ compensation benefits are reserved for employees.  However, determining whether someone is an independent contractor vs. an employee is not as easy or as clear as it may seem.

Just because you are labeled as an independent contractor does not necessarily mean you are one for workers’ compensation purposes.  In Arizona, there two tests that the court applies in order to determine if a worker is an independent contractor or an employee: 1) The Control Test, and 2) The Nature of Work Test.  Sometimes the court will apply one over the other, other times they will mix the two together.

The Control Test:

When applying the ‘Control Test’ the court looks at a variety of factors in order to determine who had the right to control the worker.  If the factors tend to show that a company controlled a worker then he/she is an employee regardless of how the company labels him/her.  The factors the court looks at include duration of employment, the method of payment, the right to hire and fire, who furnishes equipment, whether the work was performed in the regular course of the employers business, and the extent to which the employer could exercise control over the details of the work.

The Nature of Work Test:

When applying the ‘Nature of Work Test’ the court looks at whether the work the worker was hired to do is a well-defined activity which is ancillary to the central concern of the business or whether the delegated task is in fact the basic employment activity.  For example  in one Arizona case a cab driver was determined to be an employee even though the cab company tried to portray him as otherwise because cab driving was at the core of the cab business.  Without cab drivers the company would have no cab services to provide.

If you or someone you know has been injured on the job or is facing a long-term disability condition, call Snow, Carpio & Weekley for a free consultation in any of our Arizona offices at 855-325-4781. You may also visit our website at www.workinjuryaz.com

Why do I have to look for work while I am on Light Duty and still injured?

Why do I have to look for work while I am on Light Duty and still injured?

by Nick Wearne, Associate Attorney

Snow, Carpio & Weekley, P.L.L.C.

If you are injured at work and the insurance company accepts your claim you will begin to receive active medical care.  Active medical care is treatment designed to get you better.  Active treatment may include anything from major surgery to physical therapy.  Obviously your ability to work during your treatment will vary depending on your treatment and the requirements of your job.  After a major surgery you will probably be unable to work at all.  But several weeks later, while your receive physical therapy, you may be able to do some light duty work.

In Arizona, it is expected that you will work once the doctor has released you to light duty.  If you do not have a job, it is expected that you will look for one.  While very few companies if any will be willing to hire you for light duty work, it is expected that you will at least look for such work.  We advise all of our clients to reach out to their employer once they are released to light duty asking for work.  We advise clients to do this in writing and to keep a copy of the email or letter.  If the company refuses to give you light duty work we advise our clients to go out and apply for 2-3 jobs a week and to keep a log of such job applications.

Why do you have to do this?

The reasoning behind this expectation that you will at least look for work is that by working you will mitigate your damages.  To mitigate means to lessen or to make less severe.  When you are injured at work you are entitled to a percentage of your wages for time lost from work.  If you happen to find light duty work you mitigate or lessen what the company owes you in lost wages.

Does my work have to let me work while I am on Light Duty?

Unfortunately, the answer is no.  While you are legally obligated to make yourself available to do light duty work, the company is not legally obligated to let you work. Again, we recommend informing your employer that you are available for light duty work in writing and making a copy of the letter.

If you or somebody you know has been injured on the job or is disabled and unable to work, call Snow, Carpio & Weekley for a free consultation. We service the entire State of Arizona and can be reached at 855-325-4781. You may also visit our website at www.workinjuryaz.com

When should I apply for Social Security Disability?

   

When should I apply for Social Security Disability?

by Allyson Snow, Associate Attorney

Snow, Carpio & Weekley, PLC

Under Social Security’s rules, one has to have a condition that has lasted/is expected to last one year OR result in death.  Technically, there is no perfect answer to this question.  One can apply the day their symptoms force them to stop working or earning below the amount Social Security considers Substantial Gainful Activity ($1090 gross income per month in 2015). 

If one has been out of work for a year, it is important to apply immediately. For SSDI candidates Social Security will only pay past-due benefits back one year, even if they find you became disabled and unable to work prior to that time.  In those cases, a delay in filing your application can cost you past-due benefits that you could be entitled to. It is important to consult with an attorney early in your case. 

If you have further questions about this or other SSD matters, you can call our firm at 855-325-4781 for a free consultation or visit us on the web at www.workinjuryaz.com.

What is the difference between SSDI and SSI?

 What is the difference between SSDI  and SSI?

by Allyson Snow

Associate Attorney

Snow, Carpio & Weekley

SSDI and SSI are the two major programs administrated by the Social Security Administration. Medically, the requirements for qualifying are the same. However, the eligibility requirements for both are different.

SSDI stands for “Social Security Disability Insurance.” Essentially, when you work, you pay federal income taxes.  If work is sustained long enough and is recent enough, these taxes will insure you should you become disabled and unable to work. 

SSI stands for “Supplemental Security Income.” SSI is the fallback for those who do not have enough work history, or their work history is too remote, to qualify for SSDI.  SSI is a needs-based program and there are income and asset limitations for one to qualify.

There are several differences between the two programs including the monthly benefit amount, the health insurance that one will qualify for if approved, and offset potential due to earnings and other income resources.  It is important to consult with an attorney early in your case.

If you would like more information on filing for Social Security benefits, you can call our offices toll-free at 855-325-4781 for a free consultation with Attorney Snow. You can also read more about our firm on our website at www.workinjuryaz.com.

SCW Gives Back - Community Outreach Focusing on Workers' Legal Rights

Attorney Alex Carpio spoke at two separate events over the weekend in Yuma County as part of a Community Outreach Focusing on Workers' Legal Rights. He spoke Friday in Yuma and then on Sunday in San Luis. 
Snow, Carpio & Weekley is dedicated to serving those in the communities we work in. Through outreach programs such these, we are able to take part in helping those individuals who might not otherwise receive legal assistance.
Thank you Alex for representing SCW! You did a fantastic job!

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.