Are My Workers Compensation Benefits Taxable?

Are My Workers Compensation Benefits Taxable?

One of the most common questions we get around this time of year is:  "Do I need to report my Arizona workers compensation benefits or settlement proceeds to the I.R.S.?"  or, "Are my Arizona Workers Compensation Benefits taxable?"

Almost always, the answer is NO!!!  Generally speaking, Workers' compensation benefits are currently not subject to federal income taxation.  However, if your workers' compensation benefit reduces your Social Security Disability benefit, the portion that reduces is considered Social Security for taxation purposes.  One of the justifications for workers compensation benefits being only 66 2/3% of your regular wage is that they are tax exempt. 

If an injured worker has specific questions about this matter, we recommend you contact the Internal Revenue Service or your tax advisor.

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

Workers Compensation and My Social Security Case

Workers Compensation and My Social Security Case

By Nicholas Wearne, Attorney

Social Security Disability Department

Snow, Carpio & Weekley

Many workers compensation clients who are unable to return to work after their injury apply for social security disability benefits.  One of the first questions or concerns they have is how being on workers compensation will affect their social security case and vice versa.  There are two questions there so lets take each in turn.

1. How will being on social security affect my workers compensation case

While your case is open and you are receiving medical care, social security will not have any affect on your workers compensation case.  While you are actively recovering you can receive both social security and workers compensation benefits.  However, being on social security may come into play when and if you decide to settle your case.  First of all, being on social security disability sends a message to the workers compensation insurance carrier that you do not intend to go back to work.  It suggests to the carrier that you intend to collect your workers compensation benefits for life.  If the insurance carrier believes you will collect your benefit for the rest of your life in may increase your settlement amount.  Secondly, being on social security disability benefits will affect the way your workers compensation settlement agreement is written should you decide to settle.  If the agreement is incorrectly written your social security benefits could be terminated.  At Snow Carpio and Weekley we build these protections into all of our workers compensation settlement agreements but some firms do not.  It is important to inform your attorney that you are collecting social security disability benefits so they can write the agreement correctly.

2. How will being on workers compensation affect my social security disability case

As far as applying and getting on benefits go, collecting workers compensation benefits will not hurt you.  However, if you are approved for social security disability benefits your monthly benefit amount received from social security is likely to be affected (i.e. reduced) based on what you are receiving from your workers compensation case.  Do not worry, when and if you stop receiving workers compensation benefits, you can and should contact the Social Security Administration Office so your monthly benefit amount can be increased.  The great thing about applying for social security disability while your workers compensation case is open is you have doctors who are willing to state specifically what you can and cannot do as far as work.

If you have either a workers compensation case or a social security disability case and have questions regarding how the two will affect each other feel free to contact Snow Carpio and Weekley for a free consultation statewide at 855-325-4781. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Things to keep in mind at a work-site....

Things to keep in mind at a work-site  

to protect yourself in case of an injury.

By Erica Melendez, Attorney

Snow, Carpio & Weekley

I have had too many conversations with injured workers that go like this:

Me:               “Where were you working?”
Client:          “I had just started there, its over on Southern and 48th Street.”
Me :              “Who saw the accident”
Client:          “Uh, Gordo (nickname for fat guy), the foreman - Guero (nickname meaning light- skinned) and a tall American guy.”

….As you can imagine, this is not helpful when trying to file a claim and piece together a witness list. Many times when I first meet a client who is battling a claim denied by the employer/insurance company, and the client no longer works for the company where he was injured, I wish I could go back in time with the client to gather information at the workplace which would be useful in defending the claim. Such as:

#1 – Know the name of the company you work for!!  Sometimes when a worker is referred to a job site through a friend or family member and begin to work before actually filling out a job application, the actual name of the company who has hired the worker can become unclear.  This happens especially with smaller companies.  It is very important to know the name of the company you work for.  You can look around the worksite to find this out, does a supervisor come onsite?  If so does he or she drive a truck with the company logo?  Are you picked up by a truck that has a logo?  Are there signs with the company logo at the worksite?  Do others wear shirts with the company logo?  Where are the headquarters of the company you are working for?
#2 – Know the names and last names of your supervisors and co-workers.  Not only are these people potential witnesses to a work injury, they can also testify as to the fact that you were even working at the work site (yes, sometimes even the fact of your employment becomes an issue)  I’ll get people come in with descriptions of co-workers, where they are from, and nicknames, but not first and last names.
#3 – Keep your pay stubs, if you are paid in cash, keep a log of payments, deposit slips or receipts.  This is helpful in proving you worked for a company or establishing the amount you were paid while working for a company.

Obviously no one wants to get hurt on the job, but taking simple precautions and gathering information will help protect you should you ever sustain an injury on the job and are in the difficult situation of not working there AND trying to prove you worked there and had an injury.

If you have been injured on the job or suffer form a condition that will prevent you for working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Independent Medical Exams (IME)

Independent Medical Exams (IME)

By Dennis Kurth, Attorney

Snow, Carpio & Weekley

Independent medical exams (IME) can be problematic for injured workers receiving workers' compensation benefits.  Insurance carriers providing compensation and medical benefits have a right to an IME to assess a claimant's condition from time to time under the statue and the rules.  They often avail themselves of such right when a claimant's treatment and recovery are not progressing at a suitable (to them) pace.

Claimants have only very limited rights to object to IME's and only three days after receipt of an IME notice to file their objections with the Industrial Commission under the Rules.  The Industrial Commission rarely issues a Protective Order against an IME especially if the objection is solely related to the identity of the particular examiner.

Due to the extremely short window of time for a claimant to file a written objection (Motion for Protective Order) to an IME, many claimants, especially those unrepresented by counsel, simply bypass the opportunity to object.  Others, thinking that such exams are easily changed by a phone call to the examiner or the agency scheduling the IME, find out too late that they are not easily changed at all.

Irrespective of the fact that workers' compensation carriers keep recycling the same tired group of friendly examiners to the great detriment of claimants who are awaiting approval for surgery or other procedures, just innocently missing one of these exams can result in the carrier unilaterally suspending both compensation and medical treatment and assessing costs of the IME which can run from a couple thousand dollars for an orthopedic or spinal surgeon to several thousand dollars if a psychiatric or psychological exam is missed.  In many of these situations the examiners are paid guaranteed fees if the claimant doesn't show up.

Fortunately for aggrieved claimants, the appellate courts in Arizona have put a humane interpretation on the statutory penalties for missing IME's and the carriers must prove that the claimant intentionally rather than accidentally missed the IME to be able to impose any penalties at all.  Enlightened members of the Industrial Commission judiciary usually limit cost assessments to exactly what the carrier paid the examiner for a no-show fee or what a typical first examination would cost with that type of specialist.

Even if a suspension is ultimately found to be unjustified however, it can take months in litigation to undo the effects of the suspension and get compensation and medical benefits reinstated imposing great financial hardship on the claimant's family which might already be suffering mightily with the breadwinner being out of work.  Consequently, claimants facing IME notification are best advised to seek legal advice immediately upon being notified of an IME.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Tips for Injured workers when they visit a doctor.

Tips for Injured workers when they visit a doctor.

By Erica Melendez, Attorney

Snow, Carpio & Weekley

Many injured workers are not aware of the importance of every visit to the doctor.  When you visit a doctor for treatment of a work injury, every single medical note the doctors write is possible evidence in a future hearing about your medical treatment.

At your first doctor visit it is crucial to tell the doctor EVERY SINGLE PART of your body that was injured and make sure the record is documented.  When a devastating injury is suffered to one part of the body, often other parts of the body that are injured are overlooked.  Its important to report the other injuries to the doctor as soon as you are aware of them.

Being specific is another important aspect of your conversations with your doctor.  If you can, pinpoint your pain to a particular spot, not an area.  If you have back pain that radiates down your legs, specify whether it’s the front of the leg, back of the leg inside or outside and be specific about where the pain or numbness begins and ends.  If you are not specific, the doctor can write down that your pain complaints are “diffuse” which is code word for exaggerating.

Be consistent in you reporting of symptoms.  Don’t exaggerate but don’t minimize either.  If you minimize a problem that gets worse later, the medical records become inconsistent.  All of these factors are important to your credibility.

Be sure to clarify your work restrictions with your doctor at each visit.  Get a copy of your work restrictions in writing.  Your work restrictions are important to insure you are not re-injured and are giving your body a chance to heal.  Work restrictions also affect how you are paid if you are not working during your recuperation.  Keep track of your work restrictions and follow them carefully.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Arizona’s Compulsory Workers Compensation System

Arizona’s Compulsory Workers Compensation System

By Diana Robles, Attorney

Tucson Office

Snow, Carpio & Weekley

I am often asked by an injured worker, whether they can sue the employer for negligence.  The quick answer is no, however as is often the case, there is an exception to that.

Arizona law provides that all employees are opted into the Arizona Workers Compensation system. Therefore, an employee is bound to the workers compensation system, unless he has notified his employer in writing that he chooses to reject it.  The writing must be served on the employer.  This must be done prior to when an injury occurs.  An employer should have notice of these requirements in a “conspicuous place” at the premises.  So if your injury has already happened, it is usually too late to let your employer know that you would like to opt out of the system, and sue them in civil court.

If notice was not properly posted you, an injured worker might be allowed to maintain other actions against the employer.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.
 

Were they Hacked?

Blog Written by Chad Snow, Founding Partner/Attorney

Snow, Carpio & Weekley

A recent Federal lawsuit filed by an injured worker in California is claiming that three of the nation’s largest workers compensation insurance carriers hacked into her lawyer’s database to illegally obtain information.   The suit, filed in California, is seeking class action status.  It was filed by Adela Gonzalez, a client of the Los Angeles workers compensation firm of Reyes and Barsoum.  

The suit claims that three large workers compensation carriers hired private investigators to hack into the firm’s database “to get to thousands of attorney/client privileged documents” of injured workers and their lawyers so that the insurance carriers could gain an advantage in litigation and save money on judgments and settlements.  

If the allegations are true, it is a damning confirmation of how far carriers will go to avoid paying out benefits to injured workers.  It is also a reminder to attorneys who represent plaintiffs of all kinds that some insurance companies will stop at nothing to save money in order to increase their profits, including cyber-espionage.  

We here at Snow, Carpio, and Weekley take the security of our clients’ personal and claim information extremely seriously.  But this is a reminder that we always need to be vigilant.  

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit us online at www.workinjuryaz.com

Video Surveillance

Video Surveillance

By Erica Melendez, Attorney

Snow, Carpio & Weekley

I’ve had perfectly good cases ruined by video surveillance.  A worker who had a valid injury, takes their pain medication, feels suddenly on top of the world and then decides to….go outside and wash their monster truck?  Yes, this is one example of a good case tanked by surveillance.  It’s a fact that insurance carriers can and will hire private detectives to surveil injured workers for various reasons, including to be sure they are not working while being paid for being off work and to be sure they are following their work restrictions.  This may seem to be an invasion of privacy but it’s a common, legal tactic that insurance companies use.

To avoid having your case tanked by video surveillance, first of all be honest about whether you are working and always follow your work restrictions.  Even if you take your pain medicine and are feeling better, If your doctor says don’t lift over 10 pounds, floor to waist, don’t go to the grocery store and put a 50 pound bag of dog food in your cart!  If you are restricted from bending and twisting and lifting over 15 pounds, don’t drive around your neighborhood loading and unloading recyclables from the back of your pickup!  Many people become slightly paranoid when I tell them about the possibility of video surveillance.  However, avoiding the pitfalls of this issue are simple:  be honest and always follow your work restrictions.  

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Can I sue my employer?

Can I sue my employer?

Blog Written By:

Brian Weekley, Partner/Attorney

Snow, Carpio & Weekley

Workers’ compensation is the exclusive remedy for employees injured in the course and scope of their employment. This means that an injured worker cannot sue their employer civilly in most situations. There are, of course, exceptions. One of the most common exceptions is if your employer is uninsured for workers’ compensation at the time of your injury. An election is made once the injured worker either files a civil suit or accepts workers’ compensation benefits. An uninsured employer waives the defense of comparative negligence  under these circumstances.

Another exception is if the employer intentionally injures the employee. This intent has never been found in the State of Arizona, and would indeed be a risky path to follow.

Overwhelmingly, workers’ compensation is the purpose designed and approved method for handling on the job injuries. The rules are fairly straightforward; If injured, report the details to your supervisor immediately. Fill out an accurate written report of injury. Seek immediate medical care. Provide accurate history of the injury. Follow the medical professionals’ advice. Unlike civil remedies, workers’ compensation provides lifetime medical care and benefits with no copays, deductibles, or out of pocket expenses. This is especially critical in more serious injury cases.

When the case becomes more complicated, which happens with most of the more serious injuries, seek legal advice early. Remember, the employer / insurance carrier has access to expert legal advice on a 24/ 7 basis. They make decisions based on this advice. The injured worker is strongly advised to do the same. Our office is available for free in person or telephonic consultation on any claims. 

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit us online at www.workinjuryaz.com

I ended up with a permanent disability....

I ended up with a permanent disability, 

so what am I entitled to?

By Diana Robles, Attorney

Tucson Office

Snow, Carpio & Weekley

Once you have reached a stable point in your recovery, or “maximum medical improvement,” your claim will be closed.  At that time your doctor will have to determine if you need any future medical care.  This is referred to as supportive care.  Arizona law requires that the insurance carrier continue to pay for certain treatment to help maintain your health.  That may be in the way of follow up visits with your medical provider, medication, injections or durable medical equipment.

In addition to medical care, you may be entitled to receive some monetary compensation if you have sustained a permanent disability under the American Medical Association’s 6th Edition Guides to the Evaluation of Permanent Impairment.  In Arizona, this is what will determine if the insurance carrier must pay you any additional amount of money due to the fact you now have to live with this permanent disability.  Whether you are entitled to receive any compensation, how much compensation you receive, and most importantly for how long you might get a certain amount is dependent upon a large number of factors.

This would include, but is not limited to some of following:  1) the area of your body which sustained the permanent impairment; 2) whether more than one body part sustained a permanent impairment; 3) whether you have a prior impairment or disability; 4) the percentage of impairment; 5) whether you have permanent work restrictions; 6) whether you can return to your date of injury employment; and/or 7) whether the impairment is causing you to earn less money than your established average monthly wage.

If it was not your own doctor who deemed that you had reached “maximum medical improvement”, but rather an independent medical examiner for the insurance carrier we make sure that your doctor has an opportunity to review all reports and recommendations.  Since there are so many variables involved, it is always advisable to consult with an attorney who practices in this area to make sure that you are receiving what you are entitled to under the law.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Further Hearings of Doctors

Blog Written By:

X. Alex Carpio, Partner/Attorney

Snow, Carpio & Weekley

I always tell my clients that their case is only as good as their own treating doctor says. If you do not have a doctor that will support your medical treatment, there will be no way a lawyer can fight for you and your claim in court. 

It is crucial in a workers' compensation case to have a doctor who understands the legal process or is willing to talk to me before he or she testifies in Court. In my experience doctors who do not review their medical charts prior to hearings or who do not review the insurance carriers' evidence prior to hearing make my clients' cases more difficult to win in court. This is why I recommend that my clients change doctors who will do what is best for them and keep in communication with their attorney. 

Most cases hinge on Doctor vs Doctor conflicting medical opinions and the Judges have the difficult job of adopting one doctor's opinion over the other. 

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit our website at www.workinjuryaz.com

3rd Party Liability

Blog Post By:

Dennis R. Kurth, Attorney

Snow, Carpio & Weekley

The workers’ compensation law, besides being an important constitutionally-mandated insurance plan for injured workers, can also be a trap for the unwary in certain situations.  One of those situations is third-party cases.

When a worker is injured because of the negligence of a third-party (someone who does not work for the same employer), the worker can file a claim for and collect workers’ compensation benefits from his/her employer’s insurance carrier and sue the negligent third-party within one year from the date of the accident.  The workers’ compensation law gives the compensation carrier a statutory lien against the injured worker’s third-party recovery to the extent of all of the medical and indemnity benefits it has paid to or on behalf of the injured worker.

           

Where the settlement of any third-party claim is for less than the amount of the carrier’s lien, however, the injured worker must obtain the compensation carrier’s written approval to settle.  The purpose of this requirement is to protect the workers’ compensation carrier’s subrogation interest which could be extinguished by an inadequate settlement. 

Failure to obtain such written approval can trigger significant penalties including, at the extreme, forfeiture of all future workers’ compensation benefits, both medical and indemnity.  In other words, even if the injury was serious and the worker might need surgery in the future, he/she could never reopen the case.  Although the appellate courts in Arizona, over the years, have backed off on strict forfeiture in these situations, most workers’ compensation carriers, uninformed about case law developments, still try to impose forfeiture where the statute is violated.

Injured workers who have third-party cases, especially if they are pursuing these claims without an attorney, should get legal advice from a workers’ compensation attorney before settling such cases so that they do not run the risk of violating the statute and forfeiting future benefits.  These problems can often arise where the third-party, in an auto accident for example, has only a minimum liability policy which is quickly tendered to the injured worker.  It can also happen in the context of a third-party lawsuit where several defendants are sued and a small settlement is reached with a minimally-liable defendant.  In such situations, it is well worth consulting an experienced workers’ compensation attorney to make sure that the settlement complies with the workers’ compensation law and that the injured worker does not forfeit future benefits.

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit our website at: www.workinjuryaz.com

How am I supposed to feed my family?

              

  How am I supposed to feed my family? 

by April Snow,

Business Manager

Snow, Carpio & Weekley

One of the hardest parts of running a law firm that helps injured workers and those with disabilities is hearing the heartbreaking stories of what our clients go through when they have no income for up to 2 years if applying for SSD or if they are only receiving a percentage of their income if they have been injured on the job.

The most common questions I get from upset clients when I speak with them as the Business Manager for the firm is "How am I supposed to feed my family" or "How am I going to pay my rent/house payment?" In fact, the only time I really have to speak with an upset client is because of money. They are desperate for it. They need it and every day is a struggle to wait for it. And even when it comes in; its not enough to take care of everything. And I'm not just talking about people who didn't have a "rainy day fund" or savings built up, I am talking about everybody from every economic walk of life!

Imagine for a moment your own household budget. You know what is due every month, what your income is and you probably have a schedule for which bills you pay out of each paycheck. Now imagine that you go to work one day and you are injured. Injured to the point where you are now thrust into the long process of filing a claim, receiving ongoing medical treatment and depending on somebody who views you as a file number to pay you .6667% of your normal salary/pay in a timely manner. And your first compensation check doesn't come on your normally scheduled payday like your paycheck would. You have to wait for the claim to be accepted, a work status to be established by the doctor and oh yeah, you have to be out of work 14 days before they consider you as having a time loss. So from day one your are behind the 8 ball financially. 

I believe that there are three parts to an injury. First, the physical injury. Second the financial injury. Third, the emotional injury.

Have you ever seen a grown man cry? I have. Multiple times actually in my  years here at the firm. They are the ones who take it all the hardest it seems. When a man cannot work, cannot provide for his family and cannot put food on the table, it's his worst nightmare. You can see them change from the beginning of their claim through the end. They are the ones who will call me daily too see if their checks came in, even if they know they aren't even due yet. They are the ones who are yelling one minute and then literally crying on the phone the next minute because they are trying to keep it all together. 

In the time it takes an average SSD application to get approval or for an injured worker who has sustained a severe injury that will keep him out of work for months to get back on their feet and released to full duty; it is not abnormal to hear that our clients have had to move because they can no longer afford their home, have had vehicles repossessed because of non-payment or have had to apply for financial assistance through DES or other State agencies. I once gave a client a list of all the food banks in the East Valley and helped him map out where they were all located so he could go to multiple food banks in one day so he could stock up on food for his family. I started to cry when he left because I felt his despair and knew that even if I was able to help him personally, there are so many more in the same position as he was.

So what do we do to help? Well, the first thing we do is to train our staff to work diligently on client files, stay on task with all their assigned cases and stay on top of adjusters to pay compensation timely. We also train our staff through various Customer Service Training's throughout the year to understand that the person yelling on the phone or in the office is trying to cope with one of the most trying processes they will experience in their lives and that this is most likely not the way the person normally reacts and handles things. We train them not to get frustrated and not to get upset but rather, to be patient and listen. And when we listen, we try to see what it is they need and we try and direct them to outside resources that they may find useful during this sometimes very long and trying ordeal. 

As the support staff here at the firm, we have to be more than the people who shuffle the papers and process the checks; we have to be human and relate to the problems of our clients. Its what right and its what makes us different from other firms. Our attorneys work in these communities, most of them grew up in these communities and I am pretty sure that every single one of us here at SCW has faced financial hardships at one time or another in either their youths or adult lives. 

So, if you or somebody you know is in a financial situation because of an injury, a disability, a job loss or an unexpected life event, below is a list of resources that may be helpful. Nothing is going to make everything perfect when dealing with these issues, but it may be a start to some very much needed help. 

For help applying for Food Stamps:
https://www.azdes.gov/nutrition_assistance/

Various Programs (up to 40!) that you may qualify for:
http://arizonaselfhelp.org/

For help with utilities:
http://www.needhelppayingbills.com/html/arizona_liheap_and_weatherizat.html

To find a food bank near you:
http://www.azfoodbanks.org/index.php/foodbank/

Women, Infant and Children:
http://azdhs.gov/prevention/azwic/

Summer Breakfast and Lunches for Children:
http://www.azsummerfood.gov/

Market on the Move:
http://the3000club.org/wordpress/


To speak with our firm regarding a work injury or applying for Social Security Disbaility, you can call toll-free at 855-325-4781 to schedule a free consultation in person or over the phone. We service the entire State of Arizona and have bilingual staff and attorneys. You can read more about Snow, Carpio & Weekley on our website at: www.workinjuryaz.com.

Nurse Case Managers

NURSE CASE MANAGERS

by Chad Snow, Attorney and Managing Partner

One of the insurance company’s best tools in reducing their costs (and your benefits) is by hiring a “Nurse Case Manager” to work on your case.  These are usually R.N.’s who try to act like they are your advocate, but are really just an agent of the insurance company.  They will arrange for you to see doctors who are usually extremely insurance-oriented, schedule your appointments, and then attend the appointment with the injured worker.   At the appointment, they can then pressure the doctor into limiting the amount of medical care that the injured worker receives and into releasing him or her to work as soon as possible – even if the injured worker doesn't feel ready to return.  Generally, our firm does not allow nurse case managers on our files.  One of the benefits of having a Workers Compensation Attorney is that any agent of the insurance company (NCM’s) is not allowed to have contact with you as it violates the attorney-client privilege.  In some special cases we do allow them to work with our clients and they can be very helpful.  For example, in catastrophic injury cases where the injured worker is unable to make appointments or follow up on their own medical care or in cases where multiple specialists are involved.  I don’t mean to sound overly negative about nurse case managers, and there are some that are very conscientious and great at what they do – but we’ve had too many bad experiences with them over the years to not be at least a little skeptical.  If you have questions about a Nurse Case Manager in your case, you should contact one of our attorneys to see if it is hurting your case.  

The ramifications of receiving medical care in rural communities

Special Considerations for Workers’ Compensation Cases in Rural Arizona

The ramifications of receiving medical care in rural communities

By Attorney Brian Weekley, Partner

Snow, Carpio & Weekley, PLC

Snow, Carpio & Weekley handles cases all over the State of Arizona. We have full time offices in Phoenix and Tucson. We also have dedicated office space in Yuma and Flagstaff. We are able to use offices virtually all over the State of Arizona. Because of this statewide presence, we have lots of experience with cases from the state’s smaller communities. there are several peculiarities about these cases that are worth noting.

First, smaller communities do not have the depth or diversity of medical care offered in a larger city.  Your town may have an orthopedic surgeon, but it is unlikely that that surgeon will be subspecialty trained in foot and ankle, upper extremity  or other subspecialties.  

Also, most small town physicians are not fluent in the language of industrial medicine. This is the language that will be applicable throughout the life of your case. Are you stationary? Is there ratable permanent impairment? Do you need supportive medical care? What diagnostic testing is necessary? Is your injury or need for treatment related to your industrial injury? What is the nature of your industrial injury?

In order for you to have as strong a case as possible, your physician must be able to articulate and communicate his or her opinions on these and many other subjects. They must communicate in written reports and also, if necessary, through oral testimony at a hearing at the Industrial Commission of Arizona.  This is exactly why IME physicians ( Independent Medical Examiners) have an advantage over local practitioners. They know the questions and answers. They understand what the Judge is looking for. They know how to build a case with medical evidence. They communicate with their defense attorneys. The sum of these efforts is a smoothly presented case…often against the injured worker.

There are many excellent specialists in our larger urban areas who are fair and willing to “ go to bat” for injured workers. They will provide the same level of testimony as their defense counterparts. This gives parity, or levels the playing field, for injured workers.

There are some very good physicians in rural areas of Arizona. However, a stronger case can usually be made if the injured worker is willing to travel to a seasoned veteran of our industrial medical system. In most cases, the worker is able to choose his or her own physician. The exception is if the worker is employed by a self insured employer. In that case, the employer can direct care.

If you or somebody you know has been injured on the job or is disabled, call our toll-free number at 855-325-4781 for a free consultation in either of our 4 offices or over the phone. You may also get more information on our website at www.workinjuryaz.com.

What if I am a 1099 Contractor and I get injured?

Can I still recover under workers compensation if I work as an independent contractor?

by Nick Wearne, Associate Attorney

Snow, Carpio & Weekley

In Arizona, independent contractors are not entitled to workers’ compensation benefits. Workers’ compensation benefits are reserved for employees.  However, determining whether someone is an independent contractor vs. an employee is not as easy or as clear as it may seem.

Just because you are labeled as an independent contractor does not necessarily mean you are one for workers’ compensation purposes.  In Arizona, there two tests that the court applies in order to determine if a worker is an independent contractor or an employee: 1) The Control Test, and 2) The Nature of Work Test.  Sometimes the court will apply one over the other, other times they will mix the two together.

The Control Test:

When applying the ‘Control Test’ the court looks at a variety of factors in order to determine who had the right to control the worker.  If the factors tend to show that a company controlled a worker then he/she is an employee regardless of how the company labels him/her.  The factors the court looks at include duration of employment, the method of payment, the right to hire and fire, who furnishes equipment, whether the work was performed in the regular course of the employers business, and the extent to which the employer could exercise control over the details of the work.

The Nature of Work Test:

When applying the ‘Nature of Work Test’ the court looks at whether the work the worker was hired to do is a well-defined activity which is ancillary to the central concern of the business or whether the delegated task is in fact the basic employment activity.  For example  in one Arizona case a cab driver was determined to be an employee even though the cab company tried to portray him as otherwise because cab driving was at the core of the cab business.  Without cab drivers the company would have no cab services to provide.

If you or someone you know has been injured on the job or is facing a long-term disability condition, call Snow, Carpio & Weekley for a free consultation in any of our Arizona offices at 855-325-4781. You may also visit our website at www.workinjuryaz.com

Why do I have to look for work while I am on Light Duty and still injured?

Why do I have to look for work while I am on Light Duty and still injured?

by Nick Wearne, Associate Attorney

Snow, Carpio & Weekley, P.L.L.C.

If you are injured at work and the insurance company accepts your claim you will begin to receive active medical care.  Active medical care is treatment designed to get you better.  Active treatment may include anything from major surgery to physical therapy.  Obviously your ability to work during your treatment will vary depending on your treatment and the requirements of your job.  After a major surgery you will probably be unable to work at all.  But several weeks later, while your receive physical therapy, you may be able to do some light duty work.

In Arizona, it is expected that you will work once the doctor has released you to light duty.  If you do not have a job, it is expected that you will look for one.  While very few companies if any will be willing to hire you for light duty work, it is expected that you will at least look for such work.  We advise all of our clients to reach out to their employer once they are released to light duty asking for work.  We advise clients to do this in writing and to keep a copy of the email or letter.  If the company refuses to give you light duty work we advise our clients to go out and apply for 2-3 jobs a week and to keep a log of such job applications.

Why do you have to do this?

The reasoning behind this expectation that you will at least look for work is that by working you will mitigate your damages.  To mitigate means to lessen or to make less severe.  When you are injured at work you are entitled to a percentage of your wages for time lost from work.  If you happen to find light duty work you mitigate or lessen what the company owes you in lost wages.

Does my work have to let me work while I am on Light Duty?

Unfortunately, the answer is no.  While you are legally obligated to make yourself available to do light duty work, the company is not legally obligated to let you work. Again, we recommend informing your employer that you are available for light duty work in writing and making a copy of the letter.

If you or somebody you know has been injured on the job or is disabled and unable to work, call Snow, Carpio & Weekley for a free consultation. We service the entire State of Arizona and can be reached at 855-325-4781. You may also visit our website at www.workinjuryaz.com

Yuma

Snow, Carpio & Weekley is very proud to announce 

that our new Yuma office will be open on February 1, 2015! 

The Yuma office contact information is:
152 South 1st Avenue 
Yuma, AZ 85364
928-783-7000

We look forward to serving the injured workers of Yuma County with the same high level of legal representation and customer service as our other Arizona offices!

Neck Injuries

Neck Injuries

by Chad Snow, Partner

Snow, Carpio & Weekley, PLC

Some of the most common and most debilitating injuries sustained on the job are injuries to the discs and vertebrae of the neck, also known as the cervical vertebrae.  These usually happen as a result of falls or sudden deceleration accidents.  

Treatment for neck injuries is usually done by an orthopedic spine surgeon or neurosurgeon, if surgery is needed – or a physiatrist (also known as Physical Medicine and Rehabilitation) specialist for non-surgical treatment.  Treatment of neck injuries can include physical therapy, epidural and facet injections, or surgery.  

Although many people successfully recover from a permanent neck injury, many are left with permanent restrictions, mainly on heavy lifting or prolonged periods of overhead work, which can place additional stressors on the neck.  For purposes of Arizona workers compensation claims, neck injuries, when permanent, are classified as unscheduled and can result in permanent partial disability if the injury precludes a return to regular work.  

If you have a neck injury or any other type of work injury and would like a free consultation, call the Snow, Carpio & Weekley at 855-325-4781.

Heart Injuries and Heart Attacks

Heart Injuries and Heart Attacks

by Nick Wearne, Associate Attorney

Snow, Carpio & Weekley, PLC

Some work related injuries have special laws that govern whether they are compensable and how much benefit can be received.  One such law is Arizona Revised Statute 23-1043.01.  This section tells us what is required for a heart related injury to be covered under workers compensation. 

Generally speaking, a heart related injury is not covered under workers compensation.  However, the statute says a heart related injury is covered when some injury, stress, or exertion related to the employment was a ‘substantial contributing cause’ of the heart injury.  Whether a work related stress or exertion is a ‘substantial contributing cause’ is a determination that must be made by an administrative law judge on a case by case basis.

While it is hard to know ahead of time how a judge will rule on a heart attack case, we can look at past cases for guidance.  In one Arizona case, Skyview Cooling v. Industrial Commission, a heart attack was considered compensable where the main cause of the worker’s heart attack was the workers underlying heart disease but, a work related exertion precipitated the attack.  The worker in this case was walking through thick mud while doing farm work in Yuma Arizona when he experienced a heart attack.  The worker’s doctors agreed that the main cause of the heart injury was a blocked artery in the workers heart but, one of the doctors testified that the exertion from walking through the mud, and the exertion of having to pull his legs out when he got stuck, contributed to the heart attack and caused the attack to happen when it did.  The heart injury in this case was considered compensable under workers compensation.

If you have a job that requires stress/exertion, have experienced a heart attack while at work, and a claim was never filed or has been denied, call an experienced workers’ compensation attorney.  Do not assume that just because you had heart disease or were somehow predisposed to a heart attack that you do not deserve coverage.  At Snow Carpio and Weekley we will fight to get your past medical expenses covered, we will fight to get you lost wages while you recover, and will fight to get you the best cardiac care possible.