Snow, Carpio & Weekley, PLC sends our

thoughts, prayers and gratitude

to the families of both the fallen officer and his partner who is still fighting for his life.

It is a very sad day in Arizona.

FIRM STATEMENT REGARDING SB1062

At Snow, Carpio, and Weekley, we strongly believe that lawyers who will not stand up for what is right outside of the courtroom, can’t be expected to do so inside the courtroom. Our firm has always taken pro-active stands on issues that affect our clients against the powers that would violate their rights. For example, the historic effort to recall former Senate President Russell Pearce, author of the infamous SB 1070, was hatched in our office, funded by our partners. Our attorneys and staff have been at the front of efforts to limit the abuses of Sheriff Joe Arpaio and former County Attorney Andrew Thomas. In similar fashion, we wish to speak out in the strongest terms against SB1062 which, apart from being unnecessary and divisive, could negatively impact many of our clients. We will continue to speak out against laws and institutions that we feel are unjust, following the maxim that “injustice anywhere is a threat to justice everywhere.”

Diana Ezrre' Robles joins Snow, Carpio & Weekley, PLC

Snow, Carpio, and Weekley, PLC is proud to announce that

Diana Ezrre' Robles joined our firm in December and will be heading up our Tucson office and handling Workers' Compensation cases.

Read more about Attorney Robles on our website at workinjuryaz.com or contact her through email at Diana@workinjuryaz.com

Allyson Snow-Fiamengo joins Snow, Carpio & Weekley, PLC

Snow, Carpio, and Weekley, PLC is proud to announce that

Allyson Snow-Fiamengo joined our firm in November and will be heading up our Social Security Disability side of the firm.

Read more about Allyson on our website at workinjuryaz.com or contact her through email at Allyson@workinjuryaz.com



Is Your Workers' Comp Lawyer Working for You?

Something happened in my practice this week that made me think about client relationships. A client of another Workers' Compensation lawyer contacted my firm. She was unhappy with her current attorney and wanted someone to take a second look at her case. I agreed to meet with her.

I met with she and her husband a few days later. She had suffered a severe injury a few months prior, and her friends and family told her that she needed to " lawyer up" as soon as possible. She then retained her first attorney. She had been paying him 12.5% of her benefits from the date she hired him.

I went through the details of the case. I took time to discuss her present status and what to expect in the future. This is not rocket science, just a matter of taking the time to listen , analyze and explain. She and her husband told me that this was the first time that they understood the process and knew what to expect in the future. They asked to hire me, and I gladly accepted the case. I am not charging them any fees on her current benefits. Rather we will charge a percentage of her permanent Award when she is declared stationary.

The first day of my representation, I handled two fairly simple issues that her prior attorney had ignored, and she was very happy.  Again, not rocket science....Just a matter of listening to the client and responding with action.

The prior attorney upset this client in the following ways:

• He had been charging her attorney's fees but was doing no more than processing her checks.
• He was not listening to her concerns; She explained that he acted like it was a bother when she called.
• He had not taken the time to explain the process of Workers' Compensation, especially what happens in the future.
• He did not act like he was working for her....She felt like she was working for him. Which is absurd.

When you employ a  lawyer, he or she is working for you. They have a professional obligation to handle your case to your satisfaction. If you are not satisfied, then you can do what I tell all of my clients; Fire your lawyer, even if it is me, and hire someone else that will  aggressively and assertively represent you in your case. Another option is to hire no one. I am always happy to discuss cases with anyone at no charge.

You have no obligation to be tethered to an attorney who is not a good match for your case. Usually, you owe the prior attorney nothing if you terminate him or her. There are some exceptions, but I find that one of the reasons that client's terminate prior attorneys is that they are " paying for nothing," as in the case I just detailed. However, I find that unhappy clients are often afraid to fire their lawyer. They feel somehow financially or legally obligated. This is simply not true. 

The client is the boss. Smart clients realize that and act accordingly.

BRIAN WEEKLEY is a Certified Specialist in Worker's Compensation Law with over 24 years of exclusive experience in Arizona Workers' Compensation law. He is listed in Best Lawyers and has an AVVO rating of 9.6/10. He has handled thousands of workers' compensation claims.
He can be reached at 602-532-0700 and brian@workinjuryaz.com.

Tell the Carrier You're Having Surgery!

I have had a rash of clients lately who have scheduled (or undergone) surgeries without letting their attorney know.  When an injured worker in Arizona undergoes a surgery that an insurance carrier may eventually be liable for, the carrier has a right to have the worker examined by a doctor before they undergo surgery.  This is even so in denied cases.  Remember that your injured body part is the evidence and you can't alter the evidence (by undergoing surgery) without giving the other side a chance to examine it.  It is generally accepted that an insurance carrier should be given at least 15 days' notice prior to any surgery that they may have to pay for.  If the worker fails to give adequate notice, the carrier may not be liable for payment for the surgery, although they would still have to pay for follow up care and compensation resulting from it. 

If you have a work injury in Arizona, remember to keep your attorney, or the insurance carrier, up to date on any changes in your treatment or condition. 

Chad T. Snow is an attorney in Arizona who practices exclusively in the area of workers compensation.  He can be reached at his firm Snow, Carpio, and Weekley at (602) 532-0700 or on their website at www.workinjuryaz.com 

Don't Fear the Deposition.

Don't Fear The Deposition

By Brian Weekley,

Firm Partner

Snow, Carpio & Weekley, PLC

All Notices issued in your Workers' Compensation claim must be protested within 90 days of the day mailed. You must file a written request for hearing with the Industrial Commission of Arizona ( ICA) in order to preserve your rights.

The ICA will set a hearing date based on your request for hearing. Once the hearing date is set, both the injured worker and the carrier or third party administrator need to prepare for hearing. The carrier sends its' file to their chosen defense attorney. It is highly recommended that the injured worker also seek legal counsel at this juncture of the case.

In preparation for hearing, the defense attorney will want to depose the injured worker. I have found in my two decades of practice before the ICA that injured workers tend to somewhat irrationally fear depositions. They tend to be concerned that the defense attorney will be abrasive, abusive, rude, and will engage in trickery and word games in order to manipulate the injured workers' testimony.

In general, these fears are unwarranted. Defense attorneys tend to be specialists in the workers' compensation community, with many years of experience.  As a result, the depositions tend to be short ( less than one hour), concise and simple. The defense attorney is seeking information upon which they can defend their client's case.

The best thing that the injured worker can do is to be completely honest and to provide clear responses to the attorney's questions. The phrase that ' The truth will set you free" applies. Also, the injured worker should never guess at an answer. Nor should he offer long, rambling explanations to questions. Simple answers are the best.

So... don't fear the depo. tell the truth and keep it short. Best of luck.

Average Monthly Wage

In every single Worker's Compensation case the insurance carrier must recommend what the average monthly wage of the injured worker will be. It is very important that the average monthly wage is calculated accurately to reflect the earnings of the injured worker. If the wage is not calculated correctly the injured worker and for his attorney must protest the notice within the allotted time. One of the first things I do when a client has retained me, I look to see if the average monthly wage has been established. If it has not been established I immediately asked my client to gather all his paycheck stubs and W-2 forms so that we can accurately recommend the most appropriate wage that will benefit my client. In Arizona, if the injured worker has dual employment, wages from each employer must be taken into consideration when calculating the average monthly wage. It is important to calculate the average wage correctly because the injured worker will be compensated based on the average  monthly wage and as an attorney representing injured workers I always want to maximize the wage because All future in indemnity payments will be based on the average monthly wage.

X. Alex Carpio

Hearings at the Industrial Commission: Streamline and Simplify

     I have been attending hearings at the  Industrial Commission of since the late 1980's. I always recommend having attorney assistance during the pre hearing and hearing phases of a workers' compensation claim, but if you choose to represent yourself, here a few tips.

    The best, and briefest, advice that I can provide is to streamline and simplify whenever possible. You should always focus on the one or two most compelling items of evidence that support your position. I have always found that each cases has one or two " hooks," or critical details that can make a difference . 

    Second, remember that you are presenting your case to an audience , specifically the Administrative Law Judge.Make it interesting compelling and simple. Simplicity sells. Boring a Judge and opposing counsel with irrelevant details creates an environment where no one is listening to you. 


     Even with medical evidence and conflicts, evidence can be simplified. Look for crux of the dispute if there are differing medical opinions. Are the physical exam results different? Is there missing data or images? Is there a conflict in the history?
     
     It is easy to complicate things, and lawyers are notorious for complicating the simple. It is much harder, and much more effective, to provide a simple, concise presentation.

     Please feel free to contact me with any questions. I have been practicing exclusively Arizona Workers' Compensation Law since 1988. I am former ICA staff counsel and am a certified Specialist. You can see my reviews on www.avvo.com. Thank you.

Brian Weekley
brian@workinjuryaz.com
Snow, Carpio, and Weekley 

www.workinjuryaz.com

The Importance of Treating Doctors

I tell my clients that having a good doctor is one of the most important aspects of their workers' compensation case. Without the support of their treating physician the attorney and the client will have an uphill battle. The insurance carriers select the same and few doctors to do independent medical exams to close an injured workers case or limit the scope of their injury. An injured worker's doctor must be able to articulate in court why his opinions and treatment recommendations are reasonable and medically necessary. If the treating physician is not familiar with several aspects of the workers' compensation process or is not responsive to the injured workers' attorney, the injured worker will have difficulty obtaining the medical treatment being recommended.

Recent Bad Decision from Arizona Court of Appeals - Apples to Oranges

I recently litigated a claim at the Court of Appeals that had to do with Arizona's "Equal Measure Rule" as set forth in the Elias v. Industrial Comm'n case.  That case says that the same measure of hours used to calculate the injured worker's pre-injury average monthly wage should be used to calculate their post injury earning capacity.  In short, a worker who worked less than full time before their injury shouldn't be measured using full time hours after. 

In my case, when we litigated average monthly wage, the carrier argued vehemently that my client worked less than full-time, or 31 hours per week to be exact.  The judge agreed and set the wage based on 31 hours per week.  However, when we got to the LEC (loss of earning capacity) stage, the carrier argued that he was a full time employee, and that therefore his post injury earning capacity should be based on 40 hours per week.  The ICA judge applied (correctly, I believe) the "equal measure rule" and found that the post injury earning capacity should be based on the same number of hours as the average monthly wage.  The carrier appealed. 

At the Court of Appeals, I tried to point out to the justices that "full time" and "part time" work defy an exact description.  For example, is 38 hours a week "part time" work?  Is 29 hours "part time"?  At exactly what point does full time work become part time and vice versa?  My argument is that using the exact number of hours worked pre-injury as worked post injury is the most exact way of giving "equal measure".  The justices disagreed, however, and would have us continue clumsily trying to pigeonhole workers into either a 40 hour week or a 20 hour week, with no flexibility for any other circumstances. Bad decision made by otherwise very smart lawyers who know very little about workers compensation law. 

Chad T. Snow is a work injury lawyer with the firm Snow, Carpio, & Weekley.  With offices throughout Arizona, he can be reached through the firm's website at www.snowcarpio.com 

" Faking" work injuries.

In my 24 years of practice, I've represented employers, the Industrial Commission and injured workers. I think that I have a fairly balanced perspective when it comes to this industry.

In my experience, one of the most common misperceptions by injured workers, their families, employers and society in general is that injured workers are " faking " injuries. From my perspective, the ability and incentives to fake injuries are narrow margin.

First, the life of a claimant can be miserable. He or she can be considered a social pariah. Also, the benefits are not exactly rich. There is no pain and suffering, nor are damages paid to claimants. There are ONLY medical and compensation benefits.

For compensation, an injured worker receives  66 2/3% of his or her average monthly wage based on earnings prior to the injury. Period. He can be terminated while on workers' comp. His employer does not have to pay benefits during this time. He loses whatever job security he had before the injury. He is injured , unemployed, and usually uninsured. 

99% of the workers I have represented dislike being off work; it drives them and their families crazy. It reduces their self esteem and self worth. It increases boredom.  I think that all of us can relate that we would drive ourselves and those around us crazy if we were on a semi permanent vacation around the house. I have always relate the "idle hands " parable to my clients.

" Faking it" does not entitle one to benefits. Any time loss must be substantiated by a medical opinion. In other words, a physician must restrict the injured worker to a no, light, or full work status. Physicians now rely on diagnostic tests that did not exist 20 or 30 years ago, such as CT and MRI scans. These test allow physicians to obtain objective proof of injuries. Complaints are not enough. They must be substantiated, or benefits will usually be denied. 

It does not matter how badly one hurts, or complains; a claim is only as strong as its' underlying medical evidence. 

Finally, " faking it" requires a somewhat sophisticated and elaborate plan to fabricate an injury event and report that event accurately to layers of investigative and medical professionals. I do not think have ever seen a claimant successfully run this gauntlet . 

In summary, I encourage everyone to be open minded, examine claims on an individual basis and look at the objective medical evidence. A claim is like a puzzle where all of the pieces should fit together fairly well. Thanks.

BW

Snow, Carpio, and Weekley

Snow, Carpio, Weekley, PLC has a new toll-free number!

You can reach us at: 855-325-4781.

Our New Partner Brian Weekley

As you may have seen, the name of our firm has changed recently.  As of April 1st, the firm name is Snow, Carpio, and Weekley. We have been joined by one of the most respected Arizona workers compensation attorneys, Brian Weekley.  Brian has been practicing in the Work Comp field for over 22 years.  He started his career at the Industrial Commission of Arizona, and has spent the last 20+ years as a partner at one of our biggest competitors.    When Brian approached Alex Carpio and I about joining our firm, we were flattered.  Brian indicated that he wanted to join Snow & Carpio because of the dynamic way we approach work injury cases which is reflected in how quickly our firm has grown. Brian has a large caseload in the Kingman, Lake Havasu, and Bullhead City area where he has worked for over 20 years.  He is joined by his longtime paralegal, Krista Quinn.  Brian is a State Bar of Arizona Certified Specialist in Workers Compensation.  His addition brings to six the number of attorneys in the firm.  We are happy to have him on board!

Chad Snow is a workers compensation attorney in Phoenix, Arizona.  The firm has offices throughout Arizona, including in Tucson, Kingman, and Lake Havasu City.  They can be reached at (602) 532-0700, (520) 647-9000, or through their website at www.snowcarpio.com.

Look for Work While on Light Duty

I can't stress enough the importance of injured workers in Arizona looking for alternate work when they are released for light duty by their doctor.  Case law in Arizona states that an injured worker has an affirmative duty to mitigate his or her damages by looking for alternate work that they could do while on light duty.  Once you show that you have looked for work, the burden shifts to the carrier/employer to show that jobs exist within your restrictions for which you would be considered.  Many of my clients think that because their restrictions preclude them from doing their regular job, they don't have to look for other work.  Not true.  The reality is that no one is going to hire someone with an open workers comp claim - everybody knows that.  But unless you make a good faith effort to look for light work, the carrier is not obligated to pay you temporary compensation. 

Chad T. Snow is an Arizona workers compensation lawyer with offices in Phoenix, Tucson, and Lake Havasu City.  He can be reached through his firm's website at Snow, Carpio, and Weekley.

How to Get the Most Out of Your Free Consultation With Workers Compensation Attorney

Not many professions offer free work.  When is the last time you saw a doctor for 30 minutes for free?  What about an auto mechanic?  An accountant?  So take advantage of the fact that most attorneys are available for free consultations on your case, usually up to about 30 minutes.  Here's a few tips to make the most of this great opportunity.

1.  Come prepared.  I've met with dozens of potential clients who show up at their consultation without any of the documents regarding their claim.  If I know nothing about your work injury or claim status, I can't really tell you what I can do for you.  Bring all documents, including letters from the insurance carrier and Industrial Commission.  Try to have them organized - throwing them all into a plastic grocery bag doesn't count!

2.  Don't bring your children.  Don't get me wrong, I love kids.  Have five of them myself.  But it is difficult to concentrate on this very important matter if we are both being constantly distracted by a child.  Plus, kids find law offices boring.

3.  Make sure and disclose EVERYTHING about your case to the lawyer.  I don't know how many times I've been told negative information about a client or their case the day of their hearing.  I usually respond with "It would have nice to know that SIX MONTHS AGO!!!"  Remember that your lawyer is on your side.  The sooner we know negative information, the quicker we can deal with it. 

4.  Remember that it's free.  Many potential clients unfortunately think that attorneys are social service agencies that are obligated to provide legal services to everyone.  That is not the case.  We are private businesses.  We don't have to take every case.  Be grateful.  Many times I have taken a case that I would not have otherwise taken simply because the person was pleasant and grateful for the free advice. 

5.  Come with questions prepared.  After the attorney has given you their assessment of your case, ask any questions that have not been answered. 

Chad T. Snow is a lawyer with the law firm of Snow, Carpio, & Weekley who limits his practice to representation of injured workers before the Industrial Commission of Arizona.  He can be reached at (602) 532-0700, (520) 647-9000, or through visiting the firm's website.

PRESS RELEASE

Firm Partners Chad Snow and X. Alex Carpio of Snow and Carpio, PLC are pleased to announce that Brian Weekley, Attorney at Law has merged his practice with ours to create the new firm of Snow, Carpio, and Weekley, PLC.

Brian was born in Oak Ridge, Tennessee in 1960. Following graduation from high school Brian traveled through Europe then began college at California State University, Fullerton, when he obtained a Bachelor’s Degree in English Literature. Brian then moved to San Diego to attend and graduate from California Western School of Law. Brian began his legal career at the Industrial Commission of Arizona. He joined Taylor and Associates in 1990 and practices exclusively in the area of Worker’s Compensation. He became a Certified Specialist in 1998, and is recognized in Best Lawyers in America and Super Lawyers.

Snow, Carpio, and Weekley, PLC looks forward to continuing to provide the highest level of service to injured workers and those with disabilities throughout Arizona.

For more information regarding Snow, Carpio, and Weekley PLC, please contact our Phoenix office at 602-532-0700.

Job Retraining After an Arizona On the Job Accident

Many of our clients ask if their company or the insurance company has to pay for job retraining if they are unable to return to their job due to an industrial injury.  The short answer is:  no.  However, there are a few options for vocational rehabilitation following an Arizona work injury.  The first and most common is voc rehab through the Industrial Commission of Arizona's "Special Fund".  The Special Fund is funded by a surcharge on all workers comp premiums paid in the state.  One of its purposes is to pay for job retraining for those whose injuries result in permanent limitations that prevent them from returning to their date of injury job.  Typically, the Special Fund contracts with a Certified Rehabilitation Counselor to help the injured worker identify a field that they are interested in and help them develop a retraining program.  I have had many clients who take advantage of this great benefit and actually come out with higher wages than they had before their injury. 

There are other vocational rehab programs through the state and some local governments and private charities.  Unfortunately, these have been largely underfunded since the onset of the Recession and I don't hear much about them anymore.  For more information about Voc Rehab following an Arizona work injury, feel free to contact our office at Snow, Carpio, and Weekley.

Chad Snow is a workers compensation attorney with the Arizona firm of Snow & Carpio.  He can be reached at the Phoenix office at (602) 532-0700 or in Tucson at (520) 647-9000. 

AZ Work Comp Law that Needs to Change

Snow, Carpio, and Weekley have always been active at the legislature in helping protect the rights of injured workers from legislation that is unfavorable.  One such statute that I intend to challenge when the time is right is A.R.S. 23-1044(D).  The insurance industry slipped a change in this one by a couple of years ago.  It provides that if an Employer offers an injured worker a modified job, and the worker subsequently loses that job for "reasons that are unrelated to the industrial injury", the carrier can take a credit for what the worker would have earned but for their fault in losing the job.  The statute says that the Industrial Commission "may" use those wages to determine the injured worker's post-injury earning capacity.  I have now litigated several of these cases - luckily not one judge has found that the injured worker was at fault in losing their job.  Usually they were fired for some pretext so the Employer/Carrier could try and get out of paying permanent compensation.  However, that hasn't stopped the carriers from trying.

Another statute provides that an Employee has to accept a bona fide job offer for modified work from their employer and if they don't, the carrier can use the wages they would have earned to determine their earning capacity.  My problem with these statutes is that they force workers to work for companies that they may not want to work for, at the risk of losing their benefits.  I don't mean to be melodramatic, but it's a form of slavery or indentured servitude.   I believe we fought a civil war over that issue. 

I'm looking for just the right case to take to the Court of Appeals to overturn these statutes.  I can't wait to be the first attorney to make a 13th Amendment argument in an Arizona Work Comp claim...

Chad T. Snow is an attorney with the Arizona Workers Compensation firm of Snow, Carpio, and Weekley.

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If interested, please let us know so we can schedule a time to come in and be filmed!