Tuesday, October 25, 2011

Most Dangerous Jobs



From Risk Management Magazine:

According to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.

Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and ranchers (41.4), and mining machine operators (38.7) rounded out the top five occupations with the highest fatal work injury rates. To put these numbers in perspective, the fatal work injury rate for all American employees in 2010 was only 3.5 per 100,000 workers.

For sheer numbers, more truck drivers and delivery workers (683) died on the job than those in any other profession. This equated to a fatality rate of 21.8 due to the much larger workforce in this category. The mining industry was particularly hard hit in 2010, as multiple deaths from the Upper Big Branch mine and Deepwater Horizon oil rig explosions helped increase fatalities by 74% over 2009 and inflate the fatality rate from 12.4 to 19.9.

Overall, the Bureau's Census of Fatal Occupational Injuries determined that 4,547 workers were killed on the job in 2010, an amount virtually unchanged from 2009 when 4,551 fatalities occurred. This figure, however, was still low enough to make 2010 the safest year on record, representing a 25% decline in deaths since the census was first conducted in 1992.

TOP 10 MOST DANGEROUS JOBS IN 2010(with fatal work injury rate)

1. Fishermen -- 116.0

2. Logging workers -- 91.9

3. Airplane pilots and flight engineers -- 70.6

4. Farmers and ranchers -- 41.4

5. Mining machine operators -- 38.7

6. Roofers -- 32.4

7. Sanitation workers -- 29.8

8. Truck drivers and delivery workers -- 21.8

9. Industrial machine workers -- 20.3

10. Police officers -- 18.0

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, Carpio, and Weekley, PLC at 602-532-0700 or 520-647-9000.


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

Monday, October 24, 2011

Workers' Compensation Tip of the Day:

The injured worker must apply in writing to the ICA requesting permission to be out of the state of Arizona for any period exceeding fourteen days. The ICA issues an award either approving or disapproving the request. If approved, the claim continues to be processed in accordance with Arizona Workers’ Compensation Law.

If you fail to get approval prior to leaving the state, the insurance company may suspend your benefits

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, Carpio, and Weekley, PLC at 602-532-0700 or 520-647-9000.


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


Friday, October 21, 2011

How to Describe Your Work Injury



To help your medical providers to properly document the history of your work injury, you should provide them with a one sentence history they can write down, such as: “On February 2, 2010, I hurt my neck, left shoulder, and right knee when I fell down a flight of stairs at work.” Keep it as concise, consistent, accurate, and as simple as possible.


Being injured and in pain can be a stressful time in your life. Oftentimes during this confusing period after the accident, your pain complaints and treatment may be focused to one area of the body, but with other injured areas possibly mentioned and not treated. All injuries may not have been discussed or, at least, noted at the emergency room visit or subsequent doctor visits due to embarrassment, a stoic demeanor, a desire to protect the employer, or a focus on the primary injury.

If all injuries that you believe relate to your work injury were not listed on the initial medical notes, make an appointment with that doctor or another doctor to have him or her examine the other parts of your body. Also, you should tell your employer what you believe to be the initial injuries and what you believe to be part of the entire claim. Inability to have a paper trail documenting all of your injuries could impact what injuries are covered, both for wage loss and medical purposes, with catastrophic unforeseen results.

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.


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




Monday, October 17, 2011

Workers' Compensation Tip of the Day:


In cases where the person needs in home health care, the carrier can pay a family member to do it in place of a professional caregiver.





Often my seriously injured clients cannot take care of basic necessities such as:

• bathing
• dressing
• meal preparation
• driving
• cleaning

Many clients are surprised to learn that their husband, wife or significant other can ask for payment for "attendant care" of an injured worker at home.
 
For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.

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

Friday, October 14, 2011

Workers' Comp. Tip of the Day



To anyone bringing in significant income from tips, commissions, or bonuses,
KEEP GOOD RECORDS
in the event that you are one day injured and have to pursue a workers' comp case!


You see, many times servers and bartenders and other workers who bring in significant income from tips end up experiencing improper wage calculations and mis-calculations of benefits owed when in pursuit of workers' comp cases. The same is true for workers who work off commissions or receive large bonuses.

This is another reason why it pays to have a workers' comp attorney helping you with your case – we see these situations often and can help you maximize your benefits. The insuracne carriers would love to pay your benefits at a lower rate but why not get what you are truly entitled to?

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 or at Snow, Carpio, and Weekley.



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

Wednesday, October 12, 2011

Workers' Compensation Fraud





I always find it interesting when I am reading monthly newsletters or periodicals in the Workers' Compensation industry of how rampant fraud is and the extent of what some people go through to commit the fraud.

One of the things we always go over with our new clients is surveillance. At any given time, the carrier can hire somebody to watch you and photograph your activities. We've spoken about it before on this blog. If you say you can barely walk due to your injuries, make sure your not working out at your local Zumba studio with all your girlfriends..... or ATV riding with your buddies!

Check out these cases below:

Dr. Imitation


Dr. Imitation claimed she cut her ankle and leg after tripping over a pallet. Additionally, she said she was being treated by a physician and was paying the costs herself. Dr. Imitation provided WCF with medical bills and other documentation, and asked to be reimbursed for almost $6,000 in medical services and $8,500 in lost time benefits.WCF discovered Dr. Imitation submitted 15 false, forged documents and bills from a fictitious doctor. The plan was even enhanced by setting up a post office box solely for this correspondence exchange. Dr. Imitation pleaded guilty to workers compensation fraud. WCF saved more than $23,000 in medical and lost time benefits.

The Pilot


As a hang glider test pilot, The Pilot enjoyed a challenge. While demonstrating a product to a group, the aircraft malfunctioned and plummeted. Luckily, he had a parachute and was able to make it safely to the ground, except for a dislocated shoulder. For the next two years, The Pilot claimed his arm was too severely injured to return to work. Physicians tried every available treatment with no success. In the meantime, The Pilot decided to move to sunny, southern California. After a tip from a former employer, surveillance video showed him parasailing off cliffs at Torrey Pines Glider Port in La Jolla, California. WCF asked The Pilot to return to Utah for an independent medical exam. At the exam, he told the physician he could not open his car door because of his shoulder pain. After seeing the surveillance, the doctor released The Pilot to go back to work. Subsequently, The Pilot pleaded guilty to workers’ compensation fraud. WCF saved almost $120,000 in medical and lost time benefits.

The Hunter

As an ironworker, The Hunter injured his knee when he slipped at work. The injury seemed to get worse over time and he told the doctor he could not walk five feet. Surveillance caught The Hunter mowing lawns, trimming hedges and doing other yard work without any hint of pain. After the yard work, he complained again to the doctor about pain. Within a week, the Hunter loaded an ATV into a trailer and drove to a local canyon. While there, he unloaded the ATV, drove it around on unimproved dirt roads, and hunted for 12 hours. The Hunter was convicted of workers compensation fraud. WCF saved almost $15,000 in medical and lost time benefits, and restitution.

Mr. Basketball

Mr. Basketball was a nursing home health professional who claimed to injure his back while lifting a patient. After significant rehabilitation time, he said the injury was only getting worse. The pain was so intense he couldn’t even walk to the mailbox. However, surveillance video showed Mr. Basketball could not only walk to the mailbox, he could play basketball like Larry Bird. He was running, dribbling, shooting and scoring to help his team win. Mr. Basketball was convicted of workers compensation fraud. WCF saved more than $48,000 in medical and lost time benefits, and restitution.

The Cowboy

After injuring his back working as a plumber, The Cowboy claimed he could not tie his shoes or clean his house, let alone work. With such an aggravating injury, a doctor performed back surgery and The Cowboy stayed off work. But, this did not affect his participation in a nine-day Pony Express re-enactment. After grooming and saddling his horse, The Cowboy rode up to five hours a day on a trip from Missouri to Utah. His picture was even in a local paper at the end of the marathon ride. Later, surveillance video showed The Cowboy participating in a rodeo. After the rodeo, The Cowboy said he still could not work due to the surgery. He told the claims adjuster, “Say I go ride a horse for even a half hour, get off and put it away, I’ll spend the rest of the day in pain, severe pain.” During this same discussion, he was asked about the Pony Express ride. The Cowboy’s response –“Is it against the law to take a vacation?” The Cowboy was convicted of workers compensation fraud. WCF saved more than $75,000 in medical and lost time benefits

The stories above were found on the Workers' Comp Fund Website out of Utah and while they are humorous to read, the cost to investigate, pursue and prosecute fraud can run a carrier millions of dollars.

The attorney's at Snow, Carpio, and Weekley are dedicated to helping those who have legitimate claims. Any client found to have misrepresented himself or the events or extent of their injury are immediately discharged as clients.


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.

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



Tuesday, October 11, 2011

2010 CENSUS OF FATAL OCCUPATIONAL INJURIES


The Industrial Commission of Arizona released it's 2010 Census of Fatal Occupational Injuries. While no report is "great" until we can read about zero fatalities for the year, it was especially nice to read that workplace fatalities were down in 2010 over 2009.

Also identified in the data were Arizona’s three leading causes of work-related fatalities in 2010.

They were:


• Transportation fatalities, which include highway, pedestrian, rail and aircraft accidents;
• Assaults and violent acts;
• Falls

There were approximately 3.13 deaths in Arizona for every 100,000 workers in the state’s workforce in 2010.

For the employers out there; Workplace fatalities can be avoided. There are many resources to assist you with workplace safety and employee training. There are companies you can hire to come in, evaluate and implement a safety program if you don't have the time. And/or there are informative safety libraries that can be purchased for monthly safety meeting with your employees. Keeping your employees trained and your workplace free of safety hazards will save you money in the long run and the potential loss of employees due to injury or death.


For employees; Survey your surroundings and don't rely on somebody else to provide your safety zone. Look around, make sure you are aware of both present and potential dangers and if you find some, REPORT THEM TO YOUR SUPERVISOR IMMEDIATLY. Your work has an obligation to correct the issue before anybody gets hurt. Keep your eyes and ears open at all times and most accidents can be prevented.
 
If you have been injured, consult an attorney who specializes in Workers' Compensation Law (I can recommend a great firm!) so that you can make sure you are receiving all benefits you are entitled to.
 
Chad T. Snow and his associates at Snow, Carpio, and Weekley are workers compensation attorneys in Phoenix and Tucson, Arizona.  He can be reached at his offices at (602) 532-0700, (520) 647-9000.
 
In the absence of Chad Snow, blog posted by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC

Monday, October 3, 2011

Save the Date


Annual Holiday Celebration

December 8, 2011
4:30-7:30pm

Food, Mariachi's, Cocktails and Fun!

Invitations to arrive in a mailbox near you 
no later than November 01, 2011

Snow, Carpio, and Weekley

Monday, September 26, 2011

CAN YOU FILE FOR WORKMANS COMP AND SOCIAL SECURITY BENEFITS AT THE SAME TIME?









Yes, you can file a claim for Workman's comp and social security disability benefits simultaneously. The two benefit systems are completely separate and distinct (ssd is a standardized federal program while workers compensation laws may differ state to state).

However, an individual seeking both types of benefits may gain advantage from the input of a workers compensation attorney since "timing issues" (as regards an ssd claim) can, in some cases, affect a workman's comp claim.
Snow, Carpio, and Weekley can handle both your Workers' Compensation and Social Security Disability claims. For a FREE consultation, pleae contact our offices at either 602-532-0700 Phoenix or 520-647-9000 Tucson.
 
 
In the absence of Chad Snow, blog posted by: April Lang, Business Manager @ Snow and Carpio, PLC

Tuesday, September 20, 2011

Welcome to our new employee....


Snow and Carpio is pleased to announce 
a new addition to our staff.
"Julia" will be starting on Wednesday September 21, 2011
as our new Front Office Receptionist.

We look forward to posting an employee profile soon so you can put a face to a name!

Wednesday, September 14, 2011

Workers' Compensation Seminar - Prescott, AZ





Attorney Snow will not be posting any blogs for the remainder of week.
He is currently attending the State Bar of Arizona Workers' Compensation Seminar in Prescott, AZ.

Thank you for you patience and we look forward to his return and future blogs.

Snow, Carpio, and Weekley

Friday, September 9, 2011

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

Tuesday, August 30, 2011

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.

Saturday, August 27, 2011

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.

Thursday, August 25, 2011

Recall Pearce Reception and Fundraiser





                                  Recall Pearce
Reception and Fundraiser

Thursday 08/25/11 @ 5:30pm
Appetizers and Refreshments will be served
55 E. Thomas Road, Suite #100
Phoenix, AZ 85012

Tuesday, August 16, 2011

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.

Sunday, August 14, 2011

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.