God Bless America

Snow and Carpio remembers those lost 10 years ago on Sunday and prays for unity, tolerance and love during this time of retrospect. In memory of those who perished; we remember you, and we will never forget.

And for those who serve, have served or have given the ultimate sacrifice for our country and it's protection, we thank you.

God Bless America

Affidaviting Judges at ICA

A new workers comp attorney recently asked about the rule that allows a peremptory strike of a judge assigned to an Arizona work comp claim. Rule. Allows you to "Strike" a judge and ask for a new one upon a showing of "bias and prejudice". No actual evidence of bias is required. Earlier in my career I used to regularly affidavit judges who I thought had rendered bad decisions - I guess I thought it would punish them!!!
I've learned with time that all of the judges at the ICA are generally very fair and striking them doesn't really accomplish anything. Occasionally I'll remember that a certain judge doesn't like a certain doctor or I'll have a client who I think will rub a certain judge the wrong way and I may in very limited circumstances affidavit them.

Hernia Injury On the Job In Arizona

Very few Arizona workers compensation attorneys will take hernia cases.  The reasons are that they are one of the only types of traumatic injuries with special rules in the statutes limiting how much compensation can be recovered by the injured worker. 

There are two types of hernias classified in the Arizona Workers Compensation Act:  (1) real traumatic hernias; and (2) all other hernias.  Real traumatic hernias are defined as "an injury to the abdominal wall of sufficient severity to puncture or tear the wall such that the abdominal viscera protrudes.  Obviously, all other hernias, are those that don't fall into the first category.  Generally speaking, to prove a traumatic hernia, the injured worker needs to prove that the hernia was sustained in the course and scope of employment, that the descent of the hernia occurred immediately following the cause, and was followed by severe pain and immediately reported to another person. 

In cases of nontraumatic hernias, compensation is limited to two months.  If a worker can prove that a real traumatic hernia has resulted, then temporary and permanent compensation can be paid if the worker can prove that a loss of earning capacity has resulted from the hernia. 

More specific information can be found at A.R.S. § 23-1043. 

Snow and Carpio also has a packet of information for hernia cases.  If you would like a free packet, please call our office at (602) 532-0700 or in Tucson at (520) 647-9000 or visit our website at Snow, Carpio, and Weekley.

Recall Pearce Reception and Fundraiser

                                  Recall Pearce

Reception and Fundraiser

Thursday 08/25/11 @ 5:30pm

Appetizers and Refreshments will be served

Snow, Carpio, and Weekley PLC Offices

55 E. Thomas Road, Suite #100

Phoenix, AZ 85012

Sunnyside Charity Golf Tournament 08/20/11

Snow, Carpio, and Weekley

Chad Snow on Horizonte on Aug. 19, 2011

Snow, Carpio, and Weekley

Man Impersonates OSHA Inspector and Demands Money from Businesses

I found an interesting article recently on the ICA website.  Apparently, a man has been visiting local businesses posing as an OSHA inspector and claiming to find violations.  The man displays some official looking documents and claims to be a compliance inspector.  Claiming to find a violation, he demands payment and offers a discount if payment is made immediately in cash. 

The Arizona Department of Occupational Safety and Health (ADOSH) states that a compliance officer will always be able to show credentials (like a police officer) and would never issue a citation in the field or ask for money (DUH!!!)  Not the best scam I've heard of this week, but creative nonetheless. 

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona with the firm of Snow & Carpio, PLC.  He can be reached at (602) 532-0700, (520) 647-9000, or through the firm's website at Snow, Carpio, and Weekley.

More Kudos to Alex Carpio



Chad Snow and Alex Carpio

Fresh on the heels of his being selected as one of the Hispanic Forty Under Forty Leaders in our community, congratulations to my partner, Alex Carpio, for his victory as General Counsel in one of the most covered court cases in Arizona this year, Ross v. Bennett.  The Ross case was Senate President Russell Pearce's feeble attempt to keep the November 8th Recall election ordered by Governor Brewer from going through.  As soon as the suit was filed, Alex stepped forward to serve as counsel for the Citizens for a Better Arizona committee.  He was later joined by seasoned trial attorney Tom Ryan, who argued the case in oral arguments before Superior Court judge Hugh Hegyi.  Carpio and Ryan had previously filed a Motion to Dismiss the case in its entirety - which motion was granted by Judge Hegyi, who didn't even need to take evidence in the case.  Attorneys for Pearce have already indicated that they will appeal the ruling to the Arizona Supreme Court, which is expected to rule well before the September 23rd deadline for the County Elections department to print the ballots.  Carpio and Ryan are confident that the Supreme Court will reach a similar conclusion in the case, and that the historic election will go forward as scheduled. 

When he's not arguing Supreme Court cases or being an up and coming leader in the Hispanic community, Alex is fast becoming one of Arizona's most well respected Workers Compensation applicant's attorneys.  I'm proud to have him as my law partner and friend. 

Chad T. Snow and X. Alex Carpio are the principal partners in the Arizona Workers Compensation firm of Snow & Carpio, PLC.  The only Arizona workers comp firm with offices in Phoenix and Tucson, Chad and Alex can be reached at (602) 532-0700 or (520) 647-9000 or on their website at Snow, Carpio, and Weekley.

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.