My Work Comp Claim Was Denied - What to Do?

Anyone following this blog will know that I filed my recent knee injury as a workers compensation claim.  Well, just like many of my workers (workmans) comp clients, I received a Notice of Claim Status denying my claim.  Many times a carrier will deny a claim simply because they only have 21 days to accept or deny the claim and they don't have enough information yet to make a decision.  It's always easier for a carrier to accept a denied claim than deny an accepted claim. 

I have filed a request for hearing with the Industrial Commission of Arizona (needs to be done within 90 days of the date of the denial Notice, otherwise, that notice is final).  The hearing should be scheduled to take place about three months from now.  In the meantime, the carrier (SCF in this case) will schedule a deposition with one of their attorneys to ask me questions (under oath) about my injury, medical treatment, job, past medical history and time lost from work. 

I always tell potential clients that any time a claim is denied, requires surgery, or may result in permanent impairment or restrictions, that they should retain an attorney who practices exclusively workers compensation claims in Arizona.  Let's see if I follow my own advice!

Chad Snow is an attorney who practices workers comp in Arizona, with offices in Phoenix and Tucson.  He can be reached at (602) 532-0700, (520) 647-9000, or his website of Snow, Carpio, and Weekley.

Uninsured Employers in Arizona Workers Compensation Claims

What happens if a worker in Arizona is injured while working for an employer who fails to carry workers compensation insurance?  This actually happens in about 5-10% of our cases. 

These "uninsured employer" cases are handled by the Special Fund Division - No Insurance Section of the Industrial Commission of Arizona.  The SFD - NIS acts as if they were the carrier in these claims - they decide whether or not to accept the claim, whether to pay benefits, they pay medical bills and compensation - and then they go after the uninsured employer for reimbursement (plus a 10% fine for not carrying insurance.)  The Special Fund is funded by a surcharge on all workers compensation premiums paid in the state.  In the event that a dispute arises between an injured worker and the SFD - NIS, the latter is represented by an attorney from the Industrial Commission's Legal Division, which makes for an interesting conflict of interest having a case decided by an ALJ who is also an employee of the Industrial Commission. 

So even if your employer doesn't carry workers compensation insurance, you still have all the rights and remedies as any other injured worker in Arizona. 

Chad T. Snow is an attorney who handles workers compensation claims in Arizona.  He is the founder of Snow, Carpio, and Weekely who can be reached at their Phoenix office at (602) 532-0700 and in the Tucson office at (520) 647-9000. 

What is "Supportive Care"? Arizona Work Comp

Sometimes I have clients who have permanent injuries and when they are told that their case has been "closed", they get a horrified look on their face as they wonder where they will continue to get medications and treatment that they may need for the rest of their lives.  Don't worry, I tell them.  You have been given "supportive care" benefits.  The easy definition of supportive care is that it is medical treatment that is pre-approved after an injured worker has been found medically stationary, the goal of which treatment is to help the injured worker maintain his or her level of function.  It is different from "active care" which is care that is designed to improve a workers condition.  It is when the treating doctors feel that all active care (improving the condition) has been exhausted that they usually find the injured worker "medically stationary", close the claim, and make recommendations for "supportive care", which is also sometimes called "supportive medical maintenance". 

If you are given supportive care in your Arizona Workers Compensation claim, make sure and use it.  It is usually only approved in two year increments.  If you don't use it, the doctor and carrier will assume you don't need it and will cancel it. 

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

Workers Comp Hearings In Arizona - What to Expect

I always tell my clients not to be too nervous about their hearing at the Industrial Commission of Arizona.  But for someone who has never been in a courtroom, the hearing can be a very nerveracking experience.  If you know a little about what to expect, it may help calm your nerves, which may help your testimony before the Administrative Law Judge (ALJ) sound more believable. 

First, usually the only people in the courtroom are the injured worker, his or her attorney, the attorney for the insurance carrier, a court reporter, and the ALJ.  If either party has called any witnesses, they are in the courtroom at the beginning of the proceedings, but are usually sent out during the testimony of other witnesses.  Unlike in Superior Court, you don't need to stand up when the ALJ enters the room.  However, you should always address the judge as "Your Honor". 

The ALJ swears in every witness before they testify with an oath to tell the truth.  The injured worker is then asked questions by their attorney in what is called "direct examination".  Then the attorney for the insurance carrier has an opportunity to "cross examine" the witness.  The applicant's attorney then has one more chance to clarify anything he or she feels was not made clear during the cross examination. 

I always tell my clients to answer the questions to the judge, not to me.  I already believe them - the judge is the one they need to convince.  Also, it is important to remember that the court reporter is taking down everything that is being said to make a record in case either side wants  to appeal the judge's decision, so it is important to wait until the other person is done talking before you start answering.  Also, although the attorneys and the judge may joke around because they know each other well, I always tell my client to be very serious during the proceedings. 

Chad T. Snow is an attorney who practices exclusively in the area of workers compensation in Arizona.  He has done over 5,000 hearings at the Industrial Commission of Arizona.  With offices in Phoenix and Tucson, he can be reached at (602) 532-0700 or (520) 647-9000 or at his website of Snow, Carpio, and Weekley.

Check out Snow & Carpio Youtube Site

As of today, the Snow and Carpio Youtube site is up and running.  I recorded a few short videos with information about Arizona Workers Compensation Claims, much of which can be found here on my blog.  The intention is to put information out there that people who have suffered on the job injuries can use.  As the site grows, I hope to have short videos covering most of the routine information about Arizona Workers (Workmans) compensation claims.  Suggestions for topics are welcome. 

The first videos are admittedly a little amateurish and filmed off the cuff, with little preparation.  But with time I'm sure I'll become a much more polished performer!  The site can be accessed by going to our website, http://www.snowcarpio.com/ and clicking on the YouTube icon in the upper right hand corner. 

Chad Snow is a workers compensation attorney in Arizona.  He has represented thousands of injured workers before the Industrial Commission of Arizona.  His firm, Snow, Carpio, and Weekley, is the only Arizona workers comp firm with offices in Phoenix and Tucson. 

Employers Firing Injured Workers While on Light Duty

I've seen a very disturbing trend recently wherein unscrupulous employers and carriers take advantage of a recent change in the law to refuse temporary compensation to an injured worker.  The employer will offer "light duty" work to the injured worker, who accepts the accommodated employment.  The employer will then concoct a reason to fire the injured worker "for cause", and then the carrier will refuse to pay temporary partial compensation because they argue that the injured worker would have had work "but for" their own fault and for a reason unrelated to their work injury. 

The portion of the statute that is abused is 23-1044 which states that "If the employee is unable to return to work or continue working in any employment after the injury due to the employee's termination from employment for reasons that are unrelated to the industrial injury, the commission may consider the wages that the employee could have earned from that employment as representative of the employee's earning capacity." 

I almost always fight these cases tooth and nail as the reason the injured worker was fired is usually just a pretext to get the carrier out of liability for compensation.  The ALJ at the Industrial Commission can make a determination if the reason for the firing is legitimate or not.  The other reason I think this new tactic of carriers and employers is unconstitutional is that it injects an element of fault into what is supposed to be a no fault system.  I intend to take the first case I lose on this issue to the Court of Appeals or the Arizona Supreme Court to stop this insidious practice once and for all. 

Snow, Carpio, and Weekley are attorneys who practice exclusively in the area of workers (workmans) compensation in Phoenix and Tucson, Arizona.  They can be reached at (602) 532-0700 or (520) 647-9000 or on their website.
 

Maximum Average Monthly Wage In Arizona Work Comp Claim

Compensation in an Arizona work comp claim is based on the "average monthly wage" at the time of the injury.  Temporary total compensation is usually 66 2/3 percent of the AMW.  Therefore, the higher the AMW, the more compensation the injured worker receives. 

The legislature has set a maximum average monthly wage, meaning that no matter how much salary the injured worker makes above the max wage, his or her compensation will be based on the statutory maximum.  For injuries occurring in calendar year 2011, the max wage is $3,920.75.  In 2010, it was $3,763.44.  In 2009 it was $3,600.00, in 2008, $3,000.00.  For years 1999-2007, it was $2,400.00.  From 2010 forward, the wage is indexed to inflation, meaning that it will increase along with the Consumer Price Index every year.

Click here for a link to the ICA website describing the maximum AMW.

Snow, Carpio, and Weekley are Workers Compensation Attorneys with offices in Phoenix and Tucson. They can be reach at (602) 532-0700 or (520) 647-9000.

Surveillance in Arizona Workers Comp Claims

Free legal advice for the day:  if you just told the insurance carrier's doctor that your low back pain keeps you from doing just about everything and that you rarely leave your bed, don't go home and teach a karate class in your front yard.  Or lift 100 pound pieces of flagstone.  Or go to Mexico and smoke pot on the beach before you play volleyball.  If you tell the carrier's attorney at your deposition that you haven't worked in months, don't go straight from the deposition to your landscaping job.  Or to your catering job.  If you tell the judge at your hearing that you have to use your cane at all times to walk, don't go to a quinceanera and dance. 

These are all true stories of workers' compensation clients of mine who have absolutely screwed up their cases by NOT TELLING THE TRUTH!!! All of these activities were caught on video surveillance by investigators hired by the insurance company in work comp claims.  Remember the old axiom that "a picture is worth a thousand words"?  Well, the insurance companies sure believe that because they spend a lot of money trying to prove what a lying dirtbag all injured workers are by showing that how they present in the doctor's office or in court isn't how they really act in public.  The mere fact that the people were doing these things isn't necessarily what killed their cases - it's the fact that they lie about it, or act one way in front of a judge or doctor, and another way when they think they're not being watched. 

Many of my clients are downright indignant that they are subjected to such a gross violation of their privacy.  But it's perfectly legal.  Remember that anything you do in public isn't private and is subject to being surveilled by an insurance company investigator. 

Chad T. Snow is a workers (workmans) compensation attorney in Phoenix and Tucson Arizona.  He and his other associates can be reached at Snow, Carpio, and Weekley.

Drama Queens in Workers Comp Hearings

My piece of free legal advice today is:  don't be a drama queen at your Industrial Commission hearing, or ever in your workers compensation claim.  If your injury is legitimate, the doctors and judges will be able to tell by looking at the tests and examinations that have been done.  Don't feel like you have to embellish your symptoms to get someone to pay attention to you or take your injury seriously!  This only makes you unbelievable and makes it difficult for the judge, doctor, or other attorney to take your complaints seriously. 

I will give you an example:  recently I was in a hearing with a client with a low back injury.  I had warned him before he testified not to embellish or exaggerate his testimony because that is exactly what the doctors for the insurance carrier had said he was doing.  The first question I asked him was "Tell us your full name for the record."  He then started to tell his name, paused dramatically, grimaced, and said, grabbing his low back "I'm sorry judge, it's just that when I speak, my low back hurts."  I may as well have stopped wasting everyone's time at that point and just let the judge make his decision denying the applicant's claim.  Nowhere in the medical literature does it say that the vocal cords are connected to the lumbar spine or that the mere act of stating one's name should aggravate lumbar spine pain!  Many clients have lost their case because they felt that they had to be expecially dramatic to make an impression upon a judge or an IME doctor. 

So if you're in court at the Industrial Commission of Arizona, or if you're being examined by a doctor for a work injury, just be yourself.  Answer the questions truthfully.  Don't ever say your pain is a 10 out of 10 all day long and you never get out of bed.  Those people are not believable, and worse, are annoying! 

Chad T. Snow is a workman's compensation attorney in Phoenix and Tucson Arizona.  He has represented thousands of Arizona's injured workers in Social Security disability and Industrial Commission claims.  He can be reached at (520) 647-9000 or (602) 532-0700 or at Snow, Carpio, and Weekley.

Aggravating a Pre-Existing Condition in Arizona Work Comp

I had an interesting case today where the insurance carrier's doctor is saying that my client's need for a total knee replacement is not related to his 1985 industrial injury because he had a prior non-industrial injury in 1974.  His argument is that, since there were already degenerative changes in the knee at the time of the 1985 injury, he would have needed the total knee eventually regardless of whether he had the industrial injury. 

This is actually a very common issue in Arizona Workers (Workmans) Compensation claims - where a worker has a pre-existing non-industrial degenerative condition that is aggravated or exacerbated by an industrial injury.  It is generally accepted that, if the subsequent work injury causes a permanent aggravation of the underlying condition, or speeds up the need for care for the degenerative condition, it is the workers comp carrier's responsibility.  Although there is not a specific test for this, the industrial injury has to be at least a "substantial contributing factor" in adding to the need for the treatment - "substantial", however, is ill defined and can mean at least a minimal factor in causing the need for the treatment. 

Bottom line:  a pre-existing condition can either be temporarily aggravated or permanently aggravated by an on the job injury and be covered under workers compensation.  This usually has to be established by medical testimony from your doctor. 

Chad T. Snow is a workers compensation attorney with offices in Phoenix and Tucson.  He has represented thousands of Arizona's injured workers before the Industrial Commission of Arizona.  He can be reached at (602) 532-0700 or (520) 647-9000 or at Snow, Carpio, and Weekley.

Repetitive Stress Injuries - Carpal Tunnell Syndrome

Some people think that because they didn't have a specific accident at work, that they cannot file a workers comp claim in Arizona.  Untrue!  Many injuries are the result of repetitive stress or cumulative trauma - the gradual effects of performing the same activity repetitively over a long period of time.  These cases are actually quite easy to win if you have a doctor who can causally relate your diagnosis to the work activity in which you were engaged. 

For example, I recently won a case for a woman who worked at a used clothing recycling warehouse whose job was to sort used clothing.  She performed this work for over 7 years and eventually developed pain in her dominant shoulder.  Her doctor told her that doing her work activities over that period of time had contributed to the shoulder injury (note that it doesn't have to have 100% caused the injury, as long as it is a contributing factor) and that she needed surgery.  Other common examples are grocery store stockers who do a lot of overhead lifting on a repetitive basis and develop rotator cuff tears. 

One misconception is that carpal tunnell syndrome is always caused by repetitive activity such as typing or using a mouse.  Most hand surgeons will now say that CTS is more commonly caused by non-industrial factors such as age, weight, and genetics, as opposed to anything related to repetitive trauma.  The main exceptions are jobs that require prolonged use of vibrating tools, such as a jackhammer or power tools, which CAN contribute to carpal tunnell syndrome. 

If you have a repetitive stress injury that you think might be related to work, call our office at (602) 532-0700 in Phoenix, or (520) 647-9000 in Tucson, or visit our website at Snow, Carpio, and Weekley for more information. 

Snow, Carpio, and Weekley are Arizona attorneys who have represented thousands of injured workers before the Industrial Commission of Arizona. 

HB 2617 and Full and Final Settlements of Workers Comp Claims

As expected, the Arizona House Banking and Industry Committee of the legislature voted 5-1 along party lines (with Rep Miranda out of the room) to move House Bill 2617 forward. The bill would allow carriers and injured workers to enter into "full and final" settlements of workers compensation claims.  As I detailed in an earlier post, the lifetime right to reopen has always been one of the special parts of the Arizona Workers Compensation Act.  This bill would essentially do away with the right to reopen in those cases that are settled. 

On its face, the bill sounds good for injured workers - why shouldn't they be able to bargain away their rights if they think they are given good value?  But in reality, it takes advantage of their naivete and places the future burden of their medical care on the taxpayers.  Realistically, how can an unrepresented injured worker know what the likelihood of the need for future medical care is in their case?  How can they know what that is worth?  What is to keep an unscrupulous insurance carrier from paying one of their whore doctors (yes, there are some) to say that there is no need for future medical and giving the injured worker an extra $1,000.00?  The reality is that many injured workers, who may have been out of work for months or years and need the extra money, will shortchange themselves for the quick nickel.  Then 10 or 20 years down the road, when they need that additional back surgery or a knee replacement, who will be left holding the bag?  Not the insurance carrier - they will have settled it out.  The answer is the taxpayers, those paying for AHCCCS and Medicare.  But the Arizona legislature has become quite good at kicking the can down the road this year. 

It is very telling that the committee did not bother to seek input from the Industrial Commission of Arizona, the very state agency that regulates on the job injuries!!!  We wouldn't want stakeholders' input, would we?

Snow, Carpio, and Weekley are workers compensation attorneys who has represented thousands of injured workers at the Industrial Commission of Arizona.  He can be reached in Phoenix at (602) 532-0700 or in Tucson at (520) 647-9000. 

Compensable Consequences of Arizona Work Injury

So if I'm walking in my house and my industrially related knee gives way, and I fall and hurt my shoulder, is the shoulder covered?  What if I'm up on a ladder and my industrially injured elbow locks up and I fall and hurt my back - is the back covered?  Answer is almost always: yes!  This is called a compensable consequence of the industrial injury. Any foreseeable injury that would not have happened but for the industrial injury can be covered as long as the activity the injured worker was engaged in at the time of the new injury was "reasonable".  An activity is reasonable as long as it has not been restricted by a doctor. 

Other very common examples of compensable consequences in an Arizona Workers Compensation claim are when an injured worker overuses the uninjured arm or leg while favoring the injured arm or leg.  Or where a worker who has injured a leg, foot, or ankle, develops low back pain because of their altered gait from the leg injury.

Snow, Carpio, and Weekley are workers compensation attorney in Arizona with offices in Phoenix and Tucson.  He can be reached at (602) 532-0700 or (520) 647-9000.  He has represented thousands of injured workers before the Industrial Commission of Arizona. 

Supreme Court Hears Case on Legal Arizona Workers Act

Supreme Court Hears Case on Legal Arizona Workers Act

Recovering from Knee Surgery

It's 2:45 a.m. the morning after I had knee surgery to repair a torn Anterior Cruciate Ligament (ACL), medial meniscus and lateral meniscus.  I had the surgery performed by Robert Mileski, M.D.  I've been sending many of my clients to Dr. Mileski over the years and his patients always seem to get very good results.  One of the benefits of seeing thousands of people injured on the job every year is seeing which doctors get the best results, I guess.  A few observations: 

1.  Percocet is awesome.
2.  Surgery is never as bad as you think it's going to be. 
3.  I had the same surgery on my left knee 17 years ago and medical advances in that time are amazing.  In 1994, I stayed in the hospital for 4 days after surgery.  I left the surgicenter within 2 hours this time.  My 94 surgery left about 11 inches of scar on my left leg, I'll have about an inch and a half and three arthroscopy holes this time. 
4.  There is a new medical device made by Maldonado Medical that is a sleeve that goes around the knee and circulates cold water.  It is unbelievably effective at keeping swelling and pain down (sure beats a bag of frozen peas!!!).  If you have surgery, I highly recommend picking one up. 

As I blogged before, I've filed this as a workers compensation claim.  I'm still waiting to hear if it's accepted or denied. I'll keep you posted.  Percocet....is.........kicking...............in..............................................

Snow, Carpio, and Weekley are Arizona workers (workmans) compensation attorneys with offices in Phoenix and Tucson.  He blogs on a variety of Arizona Workers Compensation related topics and can be reached at (602) 532-0700 or (520) 647-9000.

Telephonic Pre-Hearing Conferences in Arizona Industrial Claims

I shouldn't tell this secret, because telephonic pre-hearing conferences are great for business.  Many injured workers who have decided to represent themselves in their Industrial Commision hearings, get the notice for the "telephonic pre-hearing conference" and freak out and break down and call a lawyer. 

Pre-hearing conferences are actually very brief informal discussions between the parties (or their lawyers), and the ALJ (Administrative Law Judge) who will be deciding the case.  It is usually done just to bring the ALJ up to speed on what issues will be decided, what witnesses will be called, and any defenses that the parties might raise, so there are no surprises at the hearing.  Pre-hearing conferences are held in almost every case where the applicant is not represented by an attorney.  The judge will inform the injured worker that he or she is still expected to abide by the Rules of Procedure and the deadlines with respect to filing of evidence and requests for witness subpoenas.  They usually only last a few minutes and are very informal. 

Snow, Carpio, and Weekley are Arizona attorneys with offices in Phoenix and Tucson.  They have represented thousands of Arizonans who have been injured in on the job accidents.  They offer a free consultation and are always glad to give out free advice on workers compensation matters.  They can be reached at (602) 532-0700 or (520) 647-9000. 

House Bill 2617

The Arizona House of Representatives took a break from crazy gun legislation and birther bills today to introduce a bill that, if passed, would significantly impact workers compensation claimants.  HB 2617, introduced by Rep. McLain and Tobish, would allow a full and final settlement of a workers compensation claim, making it ineligible for reopening or rearrangement.  At present, an injured worker can settle out his or her entitlement to permanent benefits and even his supportive medical care, but up to now, settlements involving future active medical care have generally not been approved by the Industrial Commission of Arizona.  The right to reopen a workers compensation claim has been one of the unique features of Arizona Workers Compensation law. 

The workers comp community has been somewhat split on the issue and I see both advantages and disadvantages to the proposed change.  On the plus side, injured workers should be free to contract away their rights if they so choose - I've always felt that denying them that choice is somewhat patronizing.  Many of our clients, for example, are from other countries where receipt of future active medical care is impossible anyways - they may as well get some value out of it.  On the flip side, many clients will settle for the quick buck now without thinking of the future.  If they need another surgery in 10 years and there isn't a carrier to pay for it, the taxpayers are usually left holding the bag.  There will certainly be many good arguments on both sides.  The two biggest players, the Industrial Commission of Arizona and the SCF Arizona (the state's largest workers comp insurance carrier), could take up opposing sides on the issue.  Should be interesting to see it unfold.

Chad Snow, member of the Snow, Carpio, and Weekley lawyer group, is an attorney in Phoenix and Tucson who limits his practice to Workers (Workmans) Compensation issues.  He has been active on many political issues in Arizona affecting the rights of injured workers.  He can be reached at (602) 532-0700 or (520) 647-9000.

Nurse Case Managers and Workers Comp Cases

Many of our clients come to us with nurse case managers assigned to their cases by the insurance carrier.  While many of these are nice people, and while they may act like they are your best friend and just there to help you, they are not.  They are hired by the insurance carrier to minimize costs on your claim.  This is usually unfortunately accomplished by pressuring your doctor into providing a minimal amount of treatment or releasing you to work earlier than they should or with less work restrictions than they should. 

You may call me cynical, but this is borne out by years of experience dealing with nurse case managers in Arizona Workers (Workmens) Compensation claims.  I have sent Spanish speaking clients with tape recorders to appointments to record what the nurse case manager is interpreting to the doctor and on some occasions the NCM tells the doctor the exact opposite of what my client said!  There are exceptions, but I have unfortunately found them to be few. 

While the insurance carrier has a right to monitor your claim and get information from the treating doctor, they do not have the right to violate your physian - patient privilege or unduly pressure the doctor.  One of the benefits of having an attorney on your claim is that the nurse case manager cannot have contact with you and is usually removed from the case.  If you have questions about nurse case managers, you should immediately contact an attorney who practices in Arizona Workers Compensation Claims. 

Snow, Carpio, and Weekley are Workers Compensation Attorneys with offices in Phoenix and Tucson.  They can be reached at (602) 532-0700 or (520) 647-9000. 

How to File a Work Injury Claim in Arizona

So you just got injured on the job in Arizona and the first thing you did was - go to my blog???  Well since you're here, I'll tell you how to file your claim. 

In Arizona, a worker injured on the job has the burden of making sure that a claim has been filed at the Industrial Commission of Arizona.  If you received medical treatment for your injury, and told the doctor that you were injured at work, Arizona law requires the doctor to file a "Physician's and Worker's Report of Injury" form with the Industrial Commission - but many doctors fail to do so.  If you first treated at an industrial clinic like Concentra, MBI, Banner Occ, or at an emergency room, chances are the form was filed.  If you first treated somewhere else, it's anyone's guess.  Either way, you should call the Industrial Commission's Claims Division at (602) 542-4661 and verify that the claim has been filed. 

If the claim was not filed, you can request a Worker's Report of Injury (green form) and fill it out yourself.  Make sure to be specific as to how you were injured, who you reported it to, and any witnesses.  Many times, the Workers Report becomes important evidence at a hearing in the event that the claim is denied. 

Remember that, while you must report the injury to your employer immediately, you have up to one year from the time of the injury or the time you became aware of it to file the claim. 

I would also recommend that anyone injured on the job in Arizona take advantage of the free initial consultation with Snow, Carpio, and Weekley to educate themselves about the services workers (workmans) compensation attorneys provide regarding their rights in their claim. 

Chad Snow is an Arizona Attorney who practices exclusively workers/workmans compensation.  He has offices in Phoenix and Tucson and has represented thousands of Arizonans injured on the job.  He can be reached at (602) 532-0700 or (520) 647-9000. 

I Lost My Workers Comp Hearing - Should I Appeal?

Probably about 10% of the potential new clients that we meet with tried to represent themselves before the Industrial Commission of Arizona and bring in an unfavorable decision from the Administrative Law Judge.  This is kind of like going to a surgeon after trying to do the surgery yourself and failing...

Generally speaking, your best "bite at the apple" in a workers (workmans) compensation claim is at the hearing with the ALJ.  That is the only time that you can submit evidence and make a record of why you think you should win on that particular issue.  If you lose, you certainly have a right to appeal - the first step is by filing a request for review with the same judge that made the unfavorable decision.  Good luck trying to convince the judge that they were wrong about your case all along and should admit it and change their mind!  In 11 years practicing at the Industrial Commission, I've been successful on exactly 3 requests for review.  I very rarely request review following an unfavorable decision.

If the ALJ stands by their original decision and issues a Decision Upon review affirming their original decision, you can file a Petition for Special Action with the Arizona Court of Appeals.  However, you cannot submit additional evidence or make new arguments.  You are usually limited to trying to prove that the ALJ committed some error either in admitting evidence or applying the law to the facts of your case.  In those same eleven years, I've won exactly ONE case at the Court of Appeals.

Bottom line, get an attorney at Snow, Carpio, and Weekley BEFORE your first hearing at the Industrial Commission.  Most of those clients who come to me with unfavorable decisions could have had a different outcome had we been able to help them from the beginning. 

Snow, Carpio, and Weekley are attorneys with offices in Phoenix and Tucson who represent injured workers before the Industrial Commission of Arizona.  They have represented thousands of Arizonans injured on the job.