Industrial Commission Ombudsman for Injured Workers in Arizona

Many injured workers are not aware that the Industrial Commission of Arizona has an Ombudsman to answer general questions about work injuries in Arizona.  The Ombudsman can direct injured workers to forms, services, and procedures at the Industrial Commission, but cannot give legal advice.  The Ombudsman helps over 6,000 injured workers a year and can be reached at (602) 542-4538 or (800) 544-6488. 

While the Ombudsman can be very helpful with general information, they cannot give any legal advice or inform injured workers about their options with regard to medical treatment or settlement of their claims.  If you have questions about your work injury, you should contact an attorney who practices Workers Compensation.  At Snow & Carpio, we offer a free consultation, and are always glad to meet with injured workers even if they don't need our services to apprise them of their rights.  We can be reached at Snow, Carpio, and Weekley or (602) 532-0700 or (520) 647-9000 in Northern Arizona. 

Congratulations to our Firm Partner X. Alex Carpio.....

...for being nominated and selected for recognition as one of Arizona's finest Latino Leaders

at the

2011 40 Hispanic Leaders Under 40 Awards

presented by

Blue Cross Blue Shield of Arizona.

Alex will receive his recognition at a luncheon at the Arizona Biltmore Resort and Spa on September 21st.

Congratulations Alex!!

Snow, Carpio, and Weekley

Industrial Commission of Arizona Claims Seminar

This Thursday and Friday, August 11th and 12th, the Industrial Commission of Arizona will hold their annual claims seminar.  The seminar will be held at the Wigwam Resort and Spa in West Phoenix.  The Thursday schedule is filled with presentations by Industrial Commission employees on issues including claims processing, notifications, average monthly wage, and the administrative hearing process.  The second day is dedicated to discussing new legislative and judicial developments in the area of Arizona workers compensation law. 

The claims seminar is informative for people just entering the workers compensation field and has good information for legal support staff, medical office staff, claims representatives, and anyone who works with or around injured workers.  More information can be found on the Industrial Commission's web page at http://www.ica.state.az.us/Claims/Seminar/Claims_2011Seminar_InfoLtr.pdf

Chad T. Snow is a worker comp attorney in Phoenix and Tucson, Arizona.  He can be reached through his firm web site at Snow, Carpio, Weekley or by e-mail at chad@snowcarpio.com 

To Settle or Not to Settle in AZ Work Comp Claim

One of the most important things we do as Arizona workers compensation attorneys is helping clients decide whether and when to settle their case.  Arizona work injury claims can be settled by a process called a Compromise and Settlement Agreement.  Usually, there is a requirement that a bona fide dispute exists between the parties to settle a case. 

Sometimes cases are settled at the compensability level, before the claim has been accepted by the insurance carrier.  If there is a decent chance that you will lose your claim, this may be a good option - as the saying goes, a bird in the hand is worth two in the bush. 

Other issues that settle include an injured workers' entitlement to permanent benefits.  This is essentially negotiating a lump sum payment from the insurance carrier in lieu of permanent monthly payments.  I call this the quick nickel over the slow dime.  Many times the insurance carrier wants to settle the injured workers' entitlement to supportive medical care at the same time. 

Some issues in a work comp claim can be handled without an attorney.  Settling a case is DEFINITELY NOT one of them.  You should consult with an Arizona Workers Compensation Attorney prior to talking to the insurance company about settlement.  Many factors go into determining how much your case is worth and what rights you are bargaining away. 

Chad T. Snow is an attorney in Tucson and Phoenix Arizona who handles workers compensation and Social Security disability cases.  He can be reached through his website at Snow, Carpio, and Weekley or by calling (602) 532-0700 OR (520) 647-9000. 

Welcome....

Welcome to the newest member of the Snow, Carpio, and Weekley family!


Bernadette Guzman joins the firm as the Litigation Paralegal for Chad Snow.

Snow and Carpio is a Proud Sponsor.....

...of this year's Golf Tournament on August 20th at Starr Pass resort in Tucson.

Check out the link to the Sunnyside Foundation for more information for participating or contributing.

Compliments of Snow, Carpio, and Weekley

Can Wages from Self-Employment be Included in Work Comp Payments?

I recently had a potential client where the injured worker worked for very short, intense periods with the Employer, during one of such periods he injured his right shoulder.  During the times he wasn't working for the Employer, he would work for himself. The carrier set the wage based only on the wages earned during the prior year with the Employer.  The injured worker wanted to include his wages earned during periods of self employment. 

Unfortunately, the law in Arizona is well settled that only concurrent wages from "covered" employment can be included in the calculation of the average monthly wage.  This means that the other employment must be covered under the workers compensation Act to be eligible for inclusion in the average monthly wage.  Since the injured worker didn't carry workers compensation insurance on himself in the self employed job, it would not be considered covered, and was not able to be included in the calculation of his average monthly wage for purposes of workers compensation benefits.  It is unfortunate for him because his industrial injury precludes him from doing even his self employed work now and he will not be compensated for the wages lost from that work as a result of his industrial injury. 

The rationale behind this policy is to encourage all workers to carry, or work for employers who carry, workers compensation insurance. 

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

How Long Does Insurance Co. Have to Send Me My Check In AZ Work Comp Claim

As I've discussed in other posts, there are several types of compensation in an Arizona Work Injury claim. The most common is temporary total or temporary partial compensation, which is comp that is paid while the injured worker is receiving active medical care and is either on a no work status or light duty status respectively.

The general rule for how long an insurance company has to send the injured worker his or her check is 3 days after the due date of the check if the carrier is in the state of Arizona, and 5 days if they are outside the state. For example, if you are on an off work status and the last day of the 14 day pay period is July 27th, an in state carrier should have your check to you by July 30th and an out of state carrier by August 1st. If a carrier is persistently late in getting your check to you on time, you can file a complaint of bad faith and/or unfair claims processing with the Industrial Commission.

For more information about late compensation payments and bad faith complaints, contact our office at Snow, Carpio, and Weekley.

Chad Snow on Internet Radio Talk Show with Andre Controversa

In case you missed Chad Snow of Snow, Carpio, and Weekley last Thursday, here is the link to listen to the show.

Listen to internet radio with Andre Controversa on Blog Talk Radio

Should Russell Pearce be recalled 07/21 by Andre Controversa | Blog Talk Radio

Chad Snow to be on the following talk show tonight speaking about the Pearce Recall.


Should Russell Pearce be recalled 07/21 by Andre Controversa Blog Talk Radio

Sunday Squareoff with Chad Snow

Snow, Carpio, and Weekley

Gabby Giffords and Federal Workers Compensation Claims

I found an interesting article recently which indicated that since her injuries were sustained in the course of her employment, U.S. Rep. Gabrielle Giffords' injuries were being covered not by her Congressional Health Insurance, but through the Federal Employee's workers compensation system. 

Federal employees are some of the only workers in Arizona whose injuries are not covered by the Arizona Workers Compensation Act.  The federal government has set up a separate system of insurance for its employees, known as the Federal Employees Compensation Act.  The article suggests that the federal work comp system is somewhat more liberal than most state systems, although they have many similar features.  Both the federal and most state systems operate under the same priniciple - that all on the job injuries will be compensated while the worker relinquishes the right to sue the employer. 

I am not currently aware of any attorneys in Arizona who handle federal workers compensation claims.  We refer all inquiries to Max Gest in California at (310) 553-2700. 

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

New Ad Campaign - Is It Too Much?

I was looking this morning for something to write about on the blog since Attorney Snow has been busy with hearings and I came across this new work safety campaign out of California. It took me by surprise and made me ask, is it too much?

I know they are trying to make a point with how easy injuries can be avoided, and yes; they are trying to avoid serious injuries and even death... but is it too graphic?

Take a look and tell us what you think.

Snow, Carpio, and Weekley

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

Can Workman's Comp Carrier Tell Me Where to Get My MRI?

An issue I've run into quite a bit recently is that of carrier's trying to direct injured workers to facilities of their choice for diagnostic tests such as MRI's and doctors of their choice for EMG studies.  As I've posted on here several times, one of the most important and fundamental rights of an injured worker in Arizona is the right to choose his or her own treating doctor.  While the Workers Compensation Act allows the carrier to have the injured worker examined "periodically" by a physician of their choosing, I don't think that extends to choosing where diagnostic procedures are done and by whom.  Especially in the case of a semi-invasive procedure such as an EMG study. 

I recently filed a Motion for a Protective Order in one of these cases and the Administrative Law Judge at the Industrial Commission agreed.  Her order relieved the applicant of any duty to attend the studies that had been scheduled by the carrier and instead indicated that the treating doctor has the right to decide where and by whom diagnostic studies are done. 

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona.  For more information on workers compensation claims in Arizona, you can reach Chad through his website at Snow, Carpio, and Weekley, or by calling the offices at (602) 532-0700 or (520) 647-9000. 

Rules for Employers Regarding Workers Compensation Coverage

Although our firm represents only injured workers, I'll give a little time to providing information for EMPLOYERS regarding their obligations with regard to work injuries and work comp coverage. 

Under the Arizona Workers Compensation Act, it is mandatory for employers to carry work injury coverage for their employees.  Workers compensation coverage can be purchased from any insurance carrier licensed by the State Department of Insurance to sell work comp policies in the state.  A list of eligible carriers can be found by contacting the Dept of Insurance at (800) 325-2548 or on their website. 

Some larger employers who meet certain stringent criteria set by the Industrial Commission can self insure themselves for all work injuries.  Employers are required to carry this coverage regardless of the number of employees they have, and even if their employees are minors, family members, aliens, or part time. 

Employers are also required to display in a conspicuous place in the workplace those bland signs that inform employees that the employer carries workers compensation coverage and of the employee's right to reject coverage if they so choose.  Frankly, I've worked in dozens of places and have now practiced workers compensation law for 12 years, and I've never read that sign in my office break room.  An employer cannot force its employees to opt out of the workers compensation system, nor can it have its employees pay even a part of the workers compensation premiums.

If an Employer is notified of an injury to one of its workers, it is required by law to provide the worker with certain information about the employer's insurance carrier, policy #, etc.  It is also required to notify the Industrial Commission within 10 days (although in practice that rarely happens).  If a fatal injury occurs, the Employer must notify the Industrial Commission as soon as possible "by telephone or telegraph".  I wonder if the ICA maintains an up to date telegraph in the event of such a reporting........

For more detailed information on Employer's Rights and Responsibilities in work comp claims, go to the ICA website page dedicated to such questions at http://www.ica.state.az.us/Claims/Forms/Claims_FAQs_WorkersCompensation.pdf

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona.  He can be reached at his offices at (602) 532-0700, (520) 647-9000, his website at Snow, Carpio, and Weekley, or by telegraph at - just kidding, he doesn't have a telegraph. 

Work Injuries Decline With the Economy

I'm a positive guy.  I try to see the glass as half full (or just twice as big as it needs to be...).  I try to find the silver lining.  So I thought I'd pass along the good news about the last three years of the Great Recession - Work Injuries Are Way Down!!!  Yes, apparently, the more people who are sitting at home watching Judge Judy and Wendy Williams, the fewer people are falling off scaffolds and cutting off fingers. 

I found these interesting statistics on the Industrial Commission of Arizona's website which publishes statistics on the total number of work injury claims in every year. 

2005 - 139,121
2006 - 131,904
2007 - 121,699
2008 - 122,101
2009 - 102,870 

No stats out on 2010 yet, but I'm sure it will be even lower than 2009, when injuries were down 27% from just 5 years previous.  Of course, some of this follows the overall historical downward trend of on the job injuries due to increased technology and emphasis on jobsite safety. 

So if you're sitting at home bummed out because the Arizona legislature just cut your unemployment benefits extension, look on the bright side - at least you still have all your fingers! 

Chad T. Snow is a workmans comp attorney with offices in Phoenix and Tucson Arizona.  He once knew a man with 12 fingers who he called Inigo Montoya, but that's another story.  Workers Compensation questions can be directed to the firm's website at Snow, Carpio, and Weekley.

Lightning Safety

I heard this morning on the news that starting Sunday, we are in for 5 days of monsoon storms and activity.

It started me thinking; how many of us Zany Zonies don't pay attention to the dangers of the monsoon and the accompanying lightning because we have lived here for years and don't give the lightning a second thought other than the thrill of watching a good lightning storm from our porches at night. We still go on with our regular activities during these storms, especially if they roll in during the late afternoons while we are still at work or making our way through errands on our way home.

So I pulled up some information on lightning safety and it was pretty eye-opening. It was actually pretty scary. Hundreds of people are permanently injured each year, suffering from a variety of long-term, debilitating symptoms like memory loss, attention deficits, sleep disorders, chronic pain, numbness, dizziness, stiffness in joints, irritability, fatigue, weakness, muscle spasms and depression.

Here are a couple pictures of some very lucky people who survived a lightning strike.

Employers also have a responsibility to keep their employees safe. In the event  of a storm, employees need to be provided shelter and follow these safety rules as well. If you are an employer, posting a "Lightning Safety" bulletin in your employee breakroom or wherever your standard OSHA and Labor postings are hung is a great idea during the stormy summer months.

Here's what you need to know to stay safe during an electrical storm:


- Seek shelter and keep away from windows.

- Remember the 30-30 Rule: If you can see lightning and can not count to 30 before hearing thunder, go inside and stay there for at least 30 minutes after hearing the last roar of thunder.

- Stay off corded phones, computers and other electrical equipment that put you in direct contact with electricity.

- Avoid plumbing, including sinks, baths, and faucets. Water serves as a good conductor for electricity.

- Turn off your air conditioner. Power surges from lightning can cause serious damage to your home.

- No place outside is safe during a thunderstorm. But, if you are stuck outside, find a low spot away from trees, fences and poles. Crouch low to the ground, but do not lay flat on it.

Even if lightning doesn't hit you directly, it might still have a strong enough charge to injure you.

So remember, when thunder roars, go indoors.

Snow, Carpio, and Weekley

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

Excessive Heat Warning in Effect

As we face some extreme tempoeratures this week, a reminder to all to stay hydrated, cool and safe. In the event of a heat illness, never delay in contacting 911. Heat Stroke can be fatal.

Most people don't realize that children are extremely vulnerable. The body temperature of children rises 3 – 5 times faster than adults, and as a result, children are much more vulnerable to heat stroke.

The elderly are also extremely vulnerable. Hospital records reveal that the majority of heat stroke patients are the elderly and poor who live in inner cities. Two-thirds of the cases are associated with hypertension, diabetes, and alcoholism. More than half of the victims were taking medications that affected their ability to handle the heat.


 
Another area of concern in the extreme heat is for our pets. Animals should be kept indoors as much as possible during periods of excessive heat.

If an animal is kept outside, they MUST have access to plenty of clean, cool water and shade.Some tips for keeping your dog cool outside: provide access to a kiddie pool filled with cool, clean water, wet your dog down with cool (not cold) water every hour and provide ice cubes in your dog's water bowl.

Signs of heat-induced illness include excessive panting, disorientation, lethargy, vomiting and diarrhea. If you see any of these signs, get your pet to the vet immediately!

Snow, Carpio, and Weekley

In the absence of Chad Snow, blog posted by:

April Lang-Snow, Business Manager @ Snow and Carpio, PLC

And You Thought YOU Got Screwed in Your Comp Claim?




Jason Schecterle - Before and After Accident

I recently came across an article in my favorite newspaper, the New Times, that made me chuckle as an Arizona Workers Compensation attorney.  It had to do with the work injury claim of one of Arizona's most beloved heroes, Jason Schecterle.  For those who have lived here a while, you'll remember Schecterle as the Phoenix Police officer who sustained FOURTH degree burns over most of his body when his Crown Vic police cruiser was rear ended in 2001.  He was burned beyond recognition and has undergone over 50 surgeries to recover from his horrific injuries. 

However, a recent Findings and Award issued by the Industrial Commission of Arizona stated that "information in your file indicates that your injury is not affecting your earning ability at this time" and that "no permanent work restrictions (are) noted."  Then comes the bureaucratic kick in the crotch:  "there are no medical contraindications which would preclude you from returning to the same or similar work, thereby sustaining no loss of earning capacity."  Those of us who receive these Awards regularly can only chuckle! 

Remarkably, Schecterle had returned in 2005 as a limited duty detective for the department's homicide unit where he worked on dozens of murder cases in spite of his monumental physical limitations.  However, after 18 months, he had to retire because of his diminished eyesight and the toll that working was taking on his body. 

To her credit, ICA Director Laura McGrory, who is a fantastic Director as well as person, is personally working to correct the mistake, calling it a good "teaching moment" for her staff. 

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



Snow & Carpio Paralegal Not Appointed to Supreme Court

Martha Diaz

Judge Sotomayor

The workers compensation attorneys at Snow & Carpio want to clear up any misconceptions by stating unequivocally that our longtime paralegal Martha Diaz has NOT been appointed to the Supreme Court by President Obama.  There have been several charges of conflict of interest and favoritism since the appointment, but we assure you that any resemblance between Martha Diaz and that other lady are purely coincidental.  While they are both "wise Latinas" in their 50's with connections to Brooklyn who work in the legal field, the similarities stop there. 

Plus, why would Martha give up her sweet gig at Arizona's number one workers compensation law firm to join the Supreme Court? 

Chad T. Snow is a work injury attorney in Arizona.  His practice is limited to representing those injured on the job and he is certain that his cases will never wind up in front of the U.S. Supreme Court.  He can be reached at (602) 532-0700 or (520) 647-9000 or Snow, Carpio, and Weekley.