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Snow, Carpio, and Weekley

Meet the Staff at Snow and Carpio - Arizona's Best Workers Compensation Firm!!!



S&C Holiday Party 2010

One of the things that Alex and I feel sets us apart as Arizona's best workers compensation firm is the experience and quality of our staff.  When you hire an attorney to represent you in your work injury case, you are hiring more than the attorney.  Much of the work on your case will be done by paralegals and legal secretaries and you may have more contact with them than with the attorney.  With that having been said, meet some of our staff:

Martha Diaz - Martha has been working in the area of Arizona workers compensation since 1979.  With over 32 years of experience handling Arizona work injury claims, Martha has worked on literally tens of thousands of cases!  She is currently our intake specialist and meets with all potential new clients.  Martha and I have worked together since 1992 - everything I know about workers compensation I learned from Martha! 

Nola Dierken - Nola has worked as a paralegal for several Arizona workers comp law firms representing both insurance companies and injured workers since 1989.  Nola and I have also worked together since 1992 on thousands of cases. She currently works as my litigation paralegal.  Nola's great organizational skills make up for my lack of organization! 

April Snow - April is our business manager and is also married to my older brother Kirk!  Before joining Snow and Carpio, April owned her own large roof tile manufacturing company for seven years.  April has taken the firm to another level with her business development and customer service skills. 

Melissa Felix - Melissa has worked in the workers compensation field since 2004.  She works now as my pre-litigation paralegal.  Melissa may be one of the friendliest people you ever meet - seriously! 

Angelina Acosta - Angie started with our firm as a receptionist in 2006 when she was just 19 years old.  We quickly realized that she could do a lot more than answer phones and she has moved up to legal secretary and is currently working as Alex Carpio's pre-litigation paralegal. 

Crystal Rios - Crystal was the first employee hired by the firm back at the start in 2003.  At the time, she was attending the Paralegal program at Phoenix College.  She has worked her way through undergraduate studies at University of Phoenix and recently graduated with her Juris Doctorate degree from Phoenix School of Law. 

Ligia Enriquez - Ligia is another employee who started as our receptionist in 2008 and moved up to paralegal.  Ligia is the paralegal on all of our Social Security Disability cases. 

Erica Gonzalez-Melendez - Erica and I met in Law School at ASU in the late 1990's.  After law school, she worked in the areas of personal injury and for a time as a city prosecutor.  After taking time off to have two children, Erica has returned to practice in the areas of workers compensation and also handles some family law, criminal law, and immigration cases.  She also sits on the Board of Directors of Chicanos Por la Causa. 

Elsa Flores - Elsa is our newest receptionist and also attends Phoenix College part-time.  She has already far exceeded our expectations and recently did the entire translation of our website into Spanish.  We hope she will be with the firm for many years. 

Combined, the members of our firm's team have handles literally thousands of Arizona workers compensation cases over 5 decades!  Most of our team speaks spanish and almost all are native Arizonans.  Some of us have worked in several other firms handling workers compensation and we all agree that Snow and Carpio is the best!!! 

Chad T. Snow is an attorney handling Social Security Disability and Workers Compensation claims in Arizona.  He can be reached through his firm's website at Snow, Carpio, and Weekley or at (602) 532-0700 in the Phoenix office and (520) 647-9000 in Tucson. 

Mileage Reimbursements in Arizona Work Injury Claims

Many workers injured on the job in Arizona ask me if they are entitled to mileage reimbursement for travel incurred for treatment for their on-the-job injuries.  There is no hard and fast rule to answer this.  However, the general rule that I use is that if there is no specialist in the area where you live, and you have to travel more than 50 miles to obtain treatment, you are probably entitled to reimbursement for your mileage.  The mileage is reimbursed at the federal mileage reimbursement rate, which (last I checked) was 47 cents per mile. 

The theory behind this rule is that when the injured worker was working, they were incurring expenses traveling to and from work every day, that they aren't incurring while off work recovering from their injuries.  So they are only reimbursed if the travel to obtain treatment is significantly greater than what they normally travelled to and from work.  However, every case is different and every carrier handles mileage reimbursement different. 

Also, if your travel takes you to another city and may require you to stay overnight, you may be entitled to meal and lodging reimbursement. 

Chad T. Snow is a lawyer who handles workers compensation matters throughout Arizona.  He can be reached at his website, Snow, Carpio, and Weekley, or in his Phoenix office at (602) 532-0700 and in Tucson at (520) 647-9000. 

My Blog Has Gone Global

In an effort to better serve our clients who speak Russian, Chinese, Korean, German, French, and Japanese, our blog is now available in all of these languages!!!  (We don't have any clients that speak those languages - yet...)  Kudos to our business manager marketing genius extraordinaire, April, for finding a program that translates our Snow, Carpio, and Weekley blog directly into several selected languages.  And if the spanish translation is any indicator, it's actually a very accurate interpretation.  The Spanish language translation will actually be very helpful for our many spanish speaking clients, who we can now direct to the blog for answers to many of their frequently asked questions. 

If you want to see the blog in a different language, simply scroll down to the bottom of the page, and press on the flag representing that language.  Don't tell anyone about the program, I want them to think we paid to have it professionally translated into all those languages! 

У меня был момент Эврика прошлой неделе, когда я узнал, что некоторые люди на самом деле читать этот блог!  Теперь я должен обратить внимание на содержании, грамматике и правописании! Поэтому я попросил моего менеджера бизнес / невестка апреля по ели дизайн немного. Как обычно, она взяла его на следующий уровень

Ich hatte ein Aha-Erlebnis letzte Woche, als ich herausfand, dass einige Menschen tatsächlich dieses Blog lesen! Jetzt habe ich die Aufmerksamkeit auf den Inhalt, Grammatik, Rechtschreibung und bezahlen! fragte ich meine Business Manager / Schwägerin April bis Fichte das Design ein wenig. Wie üblich, nahm sie es auf die nächste Ebene

Changes to My Arizona Workers Compensation Blog

I had a Eureka moment last week when I found out that several people actually read this blog!!!  Now I  have to pay attention to the content, grammar, and spelling!  So I asked my business manager/sister in law April to spruce up the design a little bit.  As usual, she took it to the next level. 

First, I have asked her to tone down the huge picture of me at the top of the blog.  It's obnoxious.  It makes me look like a narcissistic John Elway look-alike. 

She's working on that!!

But the careful reader will notice that many of the entries have pictures or graphics, there is video sprinkled throughout, and pictures and other links are down below. 

My goal for the blog, other than the obvious of driving clients to my firm's website, is to give information about Arizona workman's compensation claims or cases in an entertaining, down-to-earth way.  Not every injured worker needs an attorney, although every injured worker should at least talk to an attorney.  If this blog can help someone better understand the Arizona workers/workman's comp process, then I'm happy with that.  And if I can include the occasional funny story about wacky clients or pot smoking zookeepers, then all the better!!!

Chad T. Snow is a workers (workman's) compensation attorney who has offices in Tucson and Phoenix.  He has represented thousands of Arizonans who have been injured on the job.  He can be reached at (602) 532-0700 or (520) 647-9000 or through his website, Snow, Carpio, and Weekley.

Social Security Disability in AZ by Attorney Chad Snow

Visit Snow, Carpio, and Weekley to find out more about us

How Should I Dress to My Workers Compensation Hearing?

I get asked a lot by clients how they should dress to their hearings at the Industrial Commission of Arizona.  First, as a general rule, don't do what one of my clients did and wear a t-shirt with a picture of a half naked woman on it that says "F.B.I. - Female Body Inspector" - women judges generally frown on that.  Or don't do what another client of mine did and plop down on the witness stand your hat that has a pair of boobs and a pickup truck on it and the words "If it's got t*ts or tires, it's bound to cause problems."  That lessens your credibility as a witness right off the bat. 

I always tell clients that you should dress as nicely as you can for your hearing.  It is a very serious matter.  Oftentimes your future livelihood depends on its outcome.  The way you dress tells the judge how seriously you take it.  I'm not saying to wear a suit or tuxedo - definitely don't dress better than your lawyer.  But a nice pair of jeans or slacks and a shirt with a collar is appropriate. 

If you have an orthopedic device, like a leg or back brace, wear it underneath your clothing.  Wearing a leg brace over a pair of jeans just looks like you are screaming for attention.  Also, don't do what another client of mine did and bring a bible and hold it the entire hearing. That's a little over the top...

These are just a few friendly tips from Snow, Carpio, and Weekley.

Irony in Arizona Workers Compensation Claims

My 15 year old daughter asked me one time what the definition of "ironic" was.  The first thing that came to mind was a case I litigated at the Industrial Commission several years ago.  My client worked in a large machine shop.  He was on his way out of the shop when his boss told him that he couldn't walk through the shop without his safety goggles.  The goggles were up a flight of metal stairs in the office, so he walked up the steps to get them.  On the way down, he tripped and fell down the flight of stairs, sustaining several fractures in his spine.  As Alanis Morrissette once sang, "isn't it ironic" that he destroyed his spine going to get his safety goggles?

I had another client a couple of years ago who worked at Circle K.  She broke her wrist tripping over the yellow "Caution - Wet Floor" sign.  Isn't that ironic? 

Or the guy who got into a fistfight at his framing company's "safety meeting", sustaining a fracture to his hand. 

Nothing real substantive today, just a few examples you can use if you ever need to define "ironic". 

Chad T. Snow is a workers (workman's compensation attorney in Phoenix and Tucson, Arizona.  He has represented thousands of Arizona's workers who have been injured on the job.  Whether your injury is ironic or not, he can be reached at (602) 532-0700 or (520) 647-9000. You can also check out his website at Snow, Carpio, and Weekley.

What to Expect at Your Workers Compensation Deposition

Few things cause more anxiety for a worker injured on the job in Arizona than attending a deposition prior to their hearing.  And there's really no reason for it.  With few exceptions, depositions in Arizona workers compensation claims are incredibly informal affairs.  However, they can be extremely important in winning or losing your case if you're not properly prepared. 

The deposition is the insurance carrier's attorney's opportunity to ask the injured worker questions under oath to find out information about the claim, and also to gauge how the injured worker will testify if the case goes to court.  The deposition is almost always held at the attorney's office.  If you are represented by counsel, your attorney should attend the deposition with you and prepare you for the questions to be asked beforehand.  A court reporter is always at the deposition making a written record of what is said. 

Most depositions last between 30-60 minutes, depending on the issue and the defense attorney.  The questions usually center around the applicant's work history, how the injury happened, medical treatment that has been received, prior medical history, the applicant's current symptoms, and other information depending on the issue that is pending before the Court. 

The two iron rules that I always tell my clients before depositions are: (1) give short answers; and (2) tell the truth.  Most questions can be answered with a simple "yes" or "no", and perhaps a very brief explanation.  Never volunteer information that hasn't been specifically asked.  And tell the truth always - you never know if the carrier has been having an investigator follow you and perform video surveillance.  If you say you haven't done something, and they have you on videotape doing it, the judge won't believe a word you say. 

If your case has gotten to the point where you have a deposition scheduled, you should probably consult with an Arizona Workers/Workmans Compensation Attorney.  Litigation is definitely not a do-it-yourself project.

Chad T. Snow is an attorney in Phoenix and Tucson, Arizona, who has handled thousands of Arizona workman's compensation claims.  He can be reached at his website, Snow, Carpio, and Weekley, or at (602) 532-0700 or (520) 647-9000. 

Big Win in Workers Compensation Claim for Undocumented Worker

I recently received a Favorable Decision in a claim where the insurance carrier was attempting to avoid paying benefits because they had "found out" that my client (who had worked there 10 years) was an undocumented immigrant.  First of all, I refuse to call decent, hardworking people "illegal aliens".  If that offends you, find another workers compensation lawyer.  But I digress.  The carrier argued that my client's inability to work was not a result of his industrial injury, but rather because of his legal status, and that, if he were legal, they would have work available for him, resulting in no lost wages and no compensation. 

The judge, thankfully, did not agree with this argument.  While he found that my client did have a minimal earning capacity, his industrial injury did contribute to his loss of earnings irrespective of his immigration status.  He awarded compensation back to the date that the company "found out" he was undocumented and fired him.  (I was reminded in the scene in the movie Casablanca where the governor is "shocked, shocked to find out that there is gambling in Casablanca!) 

I don't care what the legal status of an injured worker is.  If he or she sustains an injury on the job and is unable to work and provide for their family, we will fight very aggressively for his or her benefits.  This is equally true in the case of documented workers where the Employer says that they were fired "for cause" and therefore aren't entitled to benefits. 

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

Waddel's Signs - Defense Doctors are the Real Fakers

One of the most common techniques that Defense IME doctors use to discredit injured workers is the use of "Waddell's Signs".  Doctors hired by the insurance carrier will say that an injured worker has positive Waddel's signs to show that they are exaggerating their symptoms or outright faking their injuries. 

The test is named after a physician researcher, Gordon Waddell, who originally intended it to be used as a technique to determine appropriate patients for back procedures such as discography.  It consists of several physical tests including axial compression (pushing down on the top of the head, which shouldn't cause low back pain), distracted straight leg raising, overreaction to stimulus, and complaints of pain in areas that shouldn't have pain from the injured body part. 

A little research, however, has given me ammunition to combat this technique.  First, my partner found an obscure reference in the AMA Guides to the Evaluation of Permanent Impairment that indicates that the use of Waddell's Signs is inappropriate in non-Anglo patients.  That counts out about 80% of my clients. 

Also, a quick Wikipedia search showed that numerous recent medical studies have criticized the use of Waddell's signs and show that they have been misused by the medical community.  For example, a 2004 study by Fishbain showed that In a 2004 review, Fishbain, et al. concluded, "there was little evidence for the claims of an association between Waddell signs and secondary gain and malingering. The preponderance of the evidence points to the opposite: no association".

I can't wait to spring those on the next sheisty defense IME doctor who's trying to paint my client out as a faker. 

Chad T. Snow is an attorney who has handled over 5,000 hearings at the industrial commission of Arizona for injured workers.  He has offices in Phoenix and Tucson, Arizona and handles exclusively Arizona workers compensation claims.  He can be reached through his firm's website, Snow, Carpio, and Weekley.

Where You Get Your MRI Matters (AZ Workers Comp)

I learned something new today - there is a huge difference in quality between MRI facilities.  I was at an Industrial Commission of Arizona hearing where one of my favorite doctors, Brad Sorosky, was testifying.  Dr. Sorosky has a great way of explaining things in ways that normal non-doctors can understand.  The carrier in this case had agreed to pay for an updated MRI since the previous one was of poor quality.  Knowing that carriers always try to send injured workers to the cheapest facility possible, I asked Dr. Sorosky if there was a difference in quality between one facility and another.  He said that there definitely was and gave a perfect analogy:  he explained that it is the difference between taking a picture on your cell phone and taking a picture with a high quality Nikon camera.  He recommended any facility that has 3T technology (whatever that is...) 

I don't know about you, but if I've suffered an on-the-job back injury and the decision whether or not to do surgery depends on an MRI, I want the picture taken with the highest quality diagnostic equipment available, not the one that's going to save the insurance carrier a couple hundred bucks. 

Remember that in Arizona workers comp, unless your Employer is self-insured, you have the right to direct your own medical care.  I personally think that that extends to where diagnostic studies are performed.  The carrier is required to pay for treatment under the Industrial Commission Fee Schedule.  You want the best care possible.  Always ask your doctor which facility they prefer for their diagnostic imaging and insist on getting the MRI, CT, EMG, or whatever at that facility. 

Chad T. Snow is an Arizona Workers (workmans) compensation attorney with offices in Phoenix and Tucson.  He has represented thousands of injured workers before the Industrial Commission and Court of Appeals.  He can be reached at his website, Snow, Carpio, and Weekley, or at (602) 532-0700 and (520) 647-9000. 

Man Mauled by Bear After Smoking Pot is Covered by Workers Comp

The Montana Supreme Court recently found a claim compensable for a man, Brock Hopkins, who admitted to smoking pot prior to entering a bear habitat to feed the bears - and subsequently being mauled by the bear.  The Montana Uninsured Employers Fund had denied the claim saying that (1) he shouldn't be compensated because he was under the influence of marijuana; and (2) he wasn't acting within the scope of his duties.  The Supreme Court disagreed, saying "use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most," there was no evidence presented regarding Hopkins' level of impairment.  The Court also found that the grizzly bears are "equal opportunity maulers" without regard to pot use. 

The case demonstrates two principles that are equally true in Arizona's workers compensation system.  First, it is a "no fault" system - any injury that arises out of and occurs in the course and scope of a worker's employment is compensable, without regard to who was at fault in causing the accident.  Second, the "scope" of an injured worker's employment can often be very broad in finding a claim compensable. 

The best part of the article (link below) are the comments after the article.  Some of my favorites:

"I was gonna feed a grizzly, but then I got high"

"The bear was upset because Hopkins was bogarting"

"This happens every day. We really need a national plan to help people become aware of the health risks associated with burning it and heading out to have a tussle with Smokey." 

"Remember kids, don't bogart! Puff,puff,­pass! lol"

"I did some coke with this lion one time. Almost got my butt mauled" 


http://www.huffingtonpost.com/2011/03/24/brock-hopkins-bear-maul-marijuana_n_840374.html?ref=fb&src=sp#comments

Chad T. Snow is an attorney who practices exclusively in the area of workers compensation in Arizona.  He has offices in Phoenix and Tucson and has never smoked pot with a bear or any other predatory animal.  He can be reached through his web site at Snow, Carpio, and Weekley.

Using the Internet for Case Research

Several times in the last few weeks, I've been reminded of how much the Internet has changed the practice of law.  Information that in the past would have cost days of laborious research, is now one Google search away. 

I recently had a case where the temperature on the day in question in Tucson was an integral part of my arguement.  Pre-internet, how would I have found out what the temperature was in Tucson at 11:00 a.m. on June 5, 2010?  As it was, I found a chart published by the National Oceanic and Atmospheric Administration which showed that the low temperature that day was the highest low ever for that date - essentially making my case for me.  And it took less than five minutes! 

As I mentioned in another recent post, I had another case with very complicated medical causation questions regarding the link between paint exposure and leukemia.  In the old days, it would have taken weeks of research, and probably thousands of dollars to pay experts, to find out what a couple of hours of surfing the web gave me. 

I've found lots of information to challenge defense medical experts on issues that back in the day I would've never been able to find.  The Judges at the Industrial Commission love when attorneys make creative arguments with internet research to back it up. 

Thanks, Al Gore, for inventing the internet.  It's sure made my job a lot easier...

Chad T. Snow is a workers compensation attorney in Tucson and Phoenix.  He can be reached at (602) 532-0700 or (520) 647-9000.  His website at Snow, Carpio, and Weekley has bundles of information and links on various workers compensation topics. 

Snow & Carpio En Espanol

Por nuestros clientes que hablan espanol, nos da mucho gusto anunciar nuestro nuevo sitio de Web, Snow y Carpio en espanol.  Estara disponible toda la misma informacion que se encuentra en nuestro sitio en ingles y mas recursos especiales para nuestros clientes hispanohablantes.  Ademas, esperamos traducir los mas de 70 entradas a esa blog antes del fin del mes de abril.  El blog trata de muchas temas de interes para personas lesionadas en el trabajo. 

Desde su fundacion en 2003, la firm de Snow y Carpio ha sido parte integra de la comunidad hispana en Phoenix y Tucson.  Hemos representado a miles de hispanos lastimados en el trabajo.  Ademas de nuestro papel como abogados en corte, hemos peleado para los derechos de inmigrantes y contra los abusos de politicos como Joe Arpaio y Russell Pearce, que usan el tema de la inmigracion para sus fines politicos.  Creemos que nuestra responsabilidad a la comunidad extiende mas alla de la corte. 

Si Ud o alguien que conoce se ha lastimado en el trabajo, o sufrido una lesion que cualquier tipo, esperamos que encuentre informacion util en la nueva pagina del web.

Chad T. Snow es un abogado que representa exclusivamente a personas victimas de accidentes de trabajo.  La firma de Snow y Carpio tiene oficinas en Phoenix y Tucson y se puede llamar a (602) 532-0700 o (520) 647-9000.  La pagina principal del web se encuentra en Snow, Carpio, y Weekley.

Fatal Leukemia Linked to Exposure to Benzene in Paint

I have a very sad workers compensation death claim for a young man who was a painter for several years with a local company that paints aircraft and automobile parts.  He started coughing one day and within a couple of weeks had bruises over his body and was extremely fatigued, and starting spitting up blood.  He checked himself into the hospital and was diagnosed with acute leukemia and passed away within 8 days.  He left behind a young wife and two kids. 

I have to say that I hate handling cases like that, although it is very gratifying to help a family take a horrible situation and turn it for the better.  In this case, I ended up researching a lot about the link between leukemia and benzene, which is a common component in paint and other solvents.  Most of my research pointed to the accepted fact that painters are at a higher risk to getting leukemia because of their prolonged exposure to high amounts of benzene in the paint they mix and spray. 

I will now need to obtain information from the employer to show what chemicals my client may have been exposed to while working for them.  I will need medical expert testimony to show that it is more likely than not that my client's exposure to those chemicals caused his leukemia which in turn caused his death.  His family will then receive survivors benefits under the Arizona Workers Compensation Act. 

This case serves as a reminder that many jobs that seem otherwise to be very harmless can be in fact potentially fatal.  Workers should be aware of the chemicals that they are exposed to and the potential long term affects that they can have on the body.  Employers are required to maintain Material Safety Data Sheets for any chemical compounds that workers use.  It would be wise to know what you're being exposed to before it's too late. 

Chad T. Snow is an attorney who represents injured workers before the Industrial Commission of Arizona and the Social Security Administration.  He can be reached at Snow, Carpio, and Weekley, at his Phoenix office at (602) 532-0700, or in Tucson at (520) 647-9000. 

Update on HB2617

Word on the street is that House Bill 2617, which would have allowed full and final settlement of Arizona workers comp claims, is essentially dead on arrival.  A wide array of interests seem to have lined up against the bill, including the Industrial Commission - the state agency who oversees administration of on the job injury claims.  Other opponents included many of the unions, trial lawyers, and the Arizona Medical Association. 

While many of us who represent injured workers would have benefitted greatly from the much larger settlements that we could obtain, most of us were opposed to the bill.  I personally feel that it is bad public policy for two reasons:  (1) it places the burden of paying future medical expenses on taxpayers, instead of keeping it with the insurance carrier who has profited from the premiums paid; and (2) it takes advantage of injured workers at a time in their life where they may be very vulnerable and succeptible to making bad financial decisions. 

Kudos to fellow work comp attorneys Daryl Engle, Steve Weiss, and the others who lobbied hard against the bill. 

Chad T. Snow is an attorney who practices exclusively in the area of Arizona Workers Compensation.  He has offices in Phoenix and Tucson and can be reached at the Snow, Carpio, and Weekley website or at (520) 647-9000 or (602) 532-0700.