SURVEILLANCE

SURVEILLANCE

by Alex Carpio, Partner at Snow, Carpio & Weekley, PLC

“It is illegal for the insurance company to videotape me!!” 

This is a statement my clients often tell me each time I get hired as their attorney.  This statement is false.  The insurance carriers can and will hire an investigator to videotape you.  The purpose of surveillance is for insurance carriers to catch injured workers doing physical activities outside their recommended work restrictions given by their doctor.  Once the insurance carrier has videotaped surveillance of an injured worker doing physical activity outside their work restrictions the video must be disclosed to the injured worker or their attorney if they are represented.  The insurance carrier’s attorney will also submit the surveillance video into evidence to be used at any hearings.  Once doctors review the surveillance, most likely they will change their opinions regarding work restrictions and even medical treatment.  This of course could be detrimental to your case.  Remember that the insurance company would rather spend a few hundred or thousand dollars on an investigator to save them a lot more money in the long run when it comes to paying an injured workers indemnity benefits and medical treatment.  Surveillance can be a powerful weapon for insurance carriers.  The bottom line an injured worker should know their physician’s work restrictions and never do anything above and beyond those work restrictions because when you least expect it there will be surveillance.  

Attorney X. Alex Carpio is a Partner at Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com

Why Has Snow, Carpio & Weekley Been So Successful? 

I know it’s not good business practice to share trade secrets, but to any of our competitors, here’s the secret to our success. 

  1.   We treat our clients like human beings, not cases.  I have been invited to more clients’ quinceaneras, weddings, and funerals than any other attorney I know.  This is because our clients can sense that we see them as people and families, not just a way to make money. 

  2.   We hire the best people.  For example, Martha Diaz – our head paralegal – has over 35 years’ experience handling workers compensation cases.  All of our staff has extensive and ongoing training in work injury law.  And more importantly, when we hire new staff, we look for friendly people who will treat our clients the way they deserve to be treated. 

  3.   We constantly try to improve.  A good attorney friend of mine told me “if you’re not growing, you’re shrinking.”  He meant it in terms of the number of cases his firm was taking.  I think the same thing applies to us as professionals in a service industry – if we’re not getting better at what we do, we’re getting worse.  The attorneys in our firm all attend not only the obligatory yearly seminar on continuing legal education, but also a seminar on client relations and business development.  Our staff have monthly “learn at lunch” seminars to keep up on the latest developments in the work comp field.

  4.   Our Business Manager, April Snow.  I was warned many times never to hire family members.  But in 2009, an opportunity came that was too good to pass up.  My sister-in-law April had owned her own large manufacturing company for several years.  When she lost that company during the Great Recession, she was looking for a job.  I told myself and my partner Alex Carpio, “she’s run a multi-million dollar business with 100 employees – she can run our little law firm.”  Probably the best business decision we ever made. 

  5.   We ask our clients what we can do better.  We are constantly seeking feedback from our clients as to what we can do to better serve them and make their experience with our firm even better.  Our clients are our best referral source of business.  We believe that much of our success is owed to the loyal army of current and former clients we have developed by providing excellent customer service over the last 12 years.  

      Attorney Chad Snow is the Founding Partner of Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com.

Differences Between a Work Injury Claim and Personal Injury Claim

Differences Between a Work Injury Claim and Personal Injury Claim

A lot of our clients are bummed to find out that they can’t sue anyone as a result of their injury.  I’ve compiled the following list, which isn’t meant to be exhaustive, of some of the major differences between a work injury claim and a personal injury claim. 

  1.   Work injury claims are for those who are injured while in the course and scope of their work. 

  2.    In a personal injury claim, the Plaintiff has to prove that the offending party was negligent in some way which foreseeably caused their injury.  In a work injury claim, the injured worker does not need to prove that anyone was negligent – in fact, an injured worker can collect workers compensation benefits even if they were injured as a result of their OWN negligence (or just plain stupidity…)

  3.    Damages in a workers compensation claim are limited to medical expenses and compensation for time lost from work (and in some cases, future lost earnings).  In a personal injury case, an injured party can receive other damages, including pain and suffering, loss of consortium and other relationships, and punitive damages. 

  4.    An injured worker can start receiving compensation for his or her injuries very shortly after an accident.  A personal injury plaintiff sometimes has to wait years to receive any compensation. 

  5.    Injured workers with compensable claims have a lifetime right to reopen their case upon a showing of a change in their condition.  Personal injury plaintiffs have no such right. 

  6.    There is no limit on payment on a workers compensation claim.  Victims of personal injuries usually are limited in their recovery to whatever the “policy limits” are of the offending party’s insurance.

       Attorney Chad Snow is the Founding Partner of Snow, Carpio & Weekley, PLC. He has helped thousands of injured workers in the State of Arizona. For a free consultation, please call our Phoenix Office at 602-532-0700 or our Tucson Office at 520-647-9000. You may also view our website at www.workinjuryaz.com for more information

Use of the “Affidavit” in Arizona Work Comp Litigation

Generally speaking, the Administrative Law Judges who decide cases at the Industrial Commission of Arizona are very good.  They get the decision right more often than not.  Their decisions are usually well thought out.  And, for what the job pays, the Commission has been able to attract some very well-qualified lawyers to become judges.  One of the tools that a lawyer representing injured workers before the Industrial Commission has, is that of the “affidavit of bias and prejudice”.  This is a Rule of Procedure of the Industrial Commission that allows an attorney to ask that a case be reassigned to another judge “upon a showing of bias and prejudice” of the judge to whom it has been assigned.  In practice, no actual showing of real bias or prejudice has to be proven – the mere allegation is sufficient – and the case is reassigned with no questions asked.  This tactic is used quite often by a lot of workers compensation attorneys to avoid judges who they feel too frequently rule on one side or the other. 

In my practice, I very rarely use the Affidavit to change judges.  Very rarely I will think that a particular judge will not like my particular client or will remember a former ruling of a judge that was either very sympathetic or very antagonistic on a specific issue or with a specific expert witness.  But I think it should be the exception and not the rule.  Affidavits of Bias and Prejudice must be filed within 30 days of the issuance of the Notice of Hearing.  Make sure you file it timely or you’ll be stuck with the judge that you just called “biased and prejudiced”!

Attorney Chad Snow has handled thousands of Workers' Compensation claims in the State of Arizona. For a free consultation by Snow, Carpio & Weekley, PLC, please call 602-532-0700 for a consultation in our Phoenix office or 520-647-9000 for a consultation in our Tucson office. Consultations are also available over the phone with an attorney if you reside outside Maricopa County. 

Time Frames in Arizona Workers Comp Cases

Shortly after 9/11, I read a book by New York mayor Rudolph Guliani about his leadership style.  One of the most important things I learned from the book was the concept of “under-promise and over-deliver”.  I have tried, to some varying degrees of success, to incorporate that into how we practice at Snow, Carpio, & Weekley.  To that end, I want to write a brief post about time frames in Arizona Workers Compensation Claims. 

I often tell my clients that the word “days” does not exist in the vocabulary of most claim reps, judges, and Industrial Commission employees who are working on their claims.  As workers comp attorneys, we measure time in weeks and months!  For example, while the statute says that a carrier has 21 days to accept or deny a claim, the reality is that an injured worker will wait 4-8 WEEKS to see any compensation for time lost.  In the event of a dispute, a hearing is usually scheduled to take place 3 MONTHS after it is requested.  While the statute says that a decision should be rendered within 30 days of the final hearing, my experience is that a decision can usually be expected 2-3 MONTHS later.  In short, the best advice I can sometimes give my clients is “hurry up and wait”…

For a free Legal Consultation about your Workers' Compensation claim, Chad Snow, Partner at Snow, Carpio & Weekley can be reached at 602-532-0700. You can also visit our website at: http://workinjuryaz.com/arizona-workers-compensation-lawyers/

Carbon Monoxide - The Injury You Cannot See

What if your Supervisor doesn't listen when you tell him/her you are sick or injured? That was exactly the case with a group of potential clients I spoke with this morning. The Supervisor couldn't see the injury so he didn't believe there was one.

The employees reported that they were all feeling dizzy, short of breath and that something "wasn't right". The Supervisor basically shrugged it off and told them to keep working because as far as he could see, they were fine.  It was one of the employees that finally called 911 after another co-worker passed out! When the ambulance and emergency personnel arrived; it was determined that all of the employees had Carbon Monoxide Poisoning from work, and as a result, they have all spent multiple days in the hospital! They are lucky to be alive.

Carbon Monoxide claims countless lives every year because people cannot detect there is a problem.

Mayoclinic.org describes Carbon Monoxide as the following:

Carbon monoxide poisoning is an illness caused by exposure to too much carbon monoxide — a colorless, odorless and tasteless gas. Too much carbon monoxide in the air you breathe can greatly diminish your ability to absorb oxygen, leading to serious tissue damage. Carbon monoxide poisoning can lead to death.Carbon monoxide is produced by appliances and other devices that generate combustion fumes, such as those that burn gas or other petroleum products, wood and other fuels. The danger occurs when too much carbon monoxide accumulates in a contained, poorly ventilated space.Although the signs of carbon monoxide poisoning can be subtle, the condition is a life-threatening medical emergency. Get immediate care for anyone who may have carbon monoxide poisoning.

So what should you look for? See the image below about symptoms of Carbon Monoxide Poisoning. 

If you feel any of these symptoms, report it to your Supervisor immediately. If the Supervisor fails to act because he/she cannot see an injury; seek medical attention on your own immediately. It could save your life and the lives of your co-workers.

Blog posted by April Snow, Business Manager for the firm of Snow, Carpio & Weekley, PLC. Information in this blog should not be viewed as legal advise. For a free consultation and to speak with an Attorney, please call 602-532-0700 or 855-325-4781. You may also visit our website at www.workinjuryaz.com.

Don't Ignore It... Report It!

What is the #1 mistake injured workers make? Not reporting their claims!

Some injuries don't start with a traumatic accident. Some are from stepping down off the ladder wrong or lifting that box that you didn't know was so heavy.

If you feel something isn't right; report it.

It is always better to be safe than sorry. If it turns out to be nothing, you have nothing to lose. But, if it turns out to be an injury that requires medical treatment and results in time off of work, you don't want to take the chance that your claim is denied because you failed to say anything and report it.

This is the most important thing you can do to ensure that you receive the medical care and compensation you are entitled to under workers' compensation law.

Customer Service 

2 little words but... such an important factor in whether a business grows or falters.
At Snow, Carpio, & Weekley, we strive on giving current and potential clients the best customer service possible. With ongoing training and education for all our employees; we have committed to making the entire "Client Experience" at Snow, Carpio & Weekley one that won't be surpassed.

Restore is a functional restoration program (FRP) designed to reduce people’s dependency on pain medications and get them back to their normal, daily lives. Restore’s typical outpatient program in North Phoenix lasts six weeks and includes psychotherapy, non-traditional physical therapy, yoga, pain management, nutrition lessons, group lectures and therapy.

Restore of Arizona is holding two seminars to address the legal, financial and medical aspects of functional restoration. The programs include complimentary breakfasts and helpful information for anyone:
• With pain lasting more than six weeks
• Taking narcotic pain medication
• Hurt on the job
• With legal questions about Worker’s Compensation
• Interested in reducing their dependence on pain medication and returning to a normal lifestyle

The free seminars will take place at Restore of Arizona, 20002 N 19th Ave Ste B-100 Phoenix, AZ 85027 on Saturday, Aug 23rd and sponsored by Snow, Carpio and Weekly PLC and Saturday, Sept 27th sponsored by Schiffman Law PC. Please RSVP by calling 602-714-1408

The Dangers of Dehydration

Did you know that by the time you feel thirsty, you're probably already 2 glasses below your normal water needs? Hydration is important ALL the time but especially at this time of year for us here in Arizona. 

Take a look at the diagram below to see the affects of dehydration on our bodies.

If you think you haven't been consuming enough water lately and are concerned about dehydration. Look at the symptoms below and decipher whether you need to drink a couple more glasses of water. If you are ever in doubt, seek medical attention immediately for anybody who may be experiencing a heat-related illness.

Snow, Carpio, and Weekley

Client Testimonial _ Mr. Thomas DeMott

Snow, Carpio, and Weekley

What is the #1 thing you should do when you are injured?

REPORT YOUR CLAIM!!

I cannot tell you how many calls we get on a daily basis from potential new clients who say that they did not report their claim. Sometimes they didn't report it for several days and sometimes they even go a couple weeks before saying anything to their supervisor. You jeopardize your chances of being covered under Workers' Compensation by not reporting your injury.

The reasons vary. Sometimes it's because they didn't want to get in trouble, sometimes it was because they didn't know who to report it to and sometimes because it happened outside normal business hours when the office staff was not available. But the number one reason why people say they didn't report their claim was because they didn't think it was a big deal and they believed that whatever they were feeling would go away in a couple days with some ice or rest.

No matter how small you believe something is, you should always report it immediately to your supervisor. Even if they do not fill out an injury report, you have told somebody in charge what is going on. If that pain in your back that you think is from lifting something wrong doesn't go away in a few days and it turns out to be a herniated disk; you reported it. If that knee that felt stiff from going up and down the ladder to many times today turns out to need therapy or possibly surgery; you reported it.

An injury isn't always a slip and fall, a laceration or something that is immediately apparent and requires emergency medical attention. An injury can be from repetitive motion, lifting incorrectly, bending over wrong or stepping out of a vehicle to quickly.

So whatever you feel, report your claim.

Blog posted by April Snow, Business Manager for the firm at Snow, Carpio & Weekley, PLC. 

For a free consultation, please call 602-532-0700 or 1-855-325-4781. Visit us on the web at www.workinjuryaz.com



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