http://driftlessweb.com/county-supervisor-and-others-call-on-sheriff-joe-arpaio-to-resign-after-a-series-of-scandals/
Wednesday, May 11, 2011
Tuesday, May 10, 2011
New Attorney Photos
X. Alex Carpio, Erica Gonzalez-Melendez and Chad Snow
Erica Gonzalez-Melendez, Attorney
Snow, Carpio, and Weekley
Snow, Carpio, and Weekley
Monday, May 9, 2011
SCF Won't Buy Your Weed
If you were sitting around munching on Cheetos wondering if you could get the workers compensation carrier to pay for your pot, you are soooorely mistaken. In a blow to stoners injured on the job everywhere, SCF recently put out an official statement that they will not cover medical Maui Wowie even if the injured worker has a valid registry identification card.
Voters last year in Arizona approved the Arizona Medical Marijuana Act which allows cardholders registered with the State Department of Health Services to obtain or cultivate their own Mary Jane. However, SCF - the state's largest workers comp carrier, takes the position that the law does not require an insurance company to cover the medical use of Wacky Tabacky. Their justification is that insurance companies in several other states have taken the same position and that possession of Ganja is still a federal offense.
For more info see: https://www.scfaz.com/about_us/pubs_legal_briefs.php?load=pubs_legal_briefs_q4_10.html
Chad T. Snow is a workers compensation attorney in Tucson and Phoenix Arizona. He has never smoked marijuana although he did try to smoke shredded jerky once at Scout camp. He and his associates at Snow, Carpio, and Weekley can be reached at (520) 647-9000, (602) 532-0700.
Tuesday, May 3, 2011
What to Expect at My "Free Consultation"
A free consultation is just that - a consultation with an attorney to get a brief review of your case at no charge. In our office, it usually means a brief meeting with our intake paralegal Martha, to get basic information about the claim, followed by a 15-20 minute chat with one of the attorneys. Martha has over 30 years experience in the Arizona workers comp field so she's a good person to talk to. If we feel like you have a matter that requires an attorney, and if you want to hire us, you can retain us at that time. Oftentimes, in cases that don't require attorney representation, we simply give you free legal advice about red flags to look out for in your case and other useful information. These would be things like how much temporary compensation you're entitled to, if you will get a "settlement" of your claim, your right to choose your own treating doctor, and other benefits you may be entitled to.
So don't be afraid - whether your legal problem is in the area of Arizona workers (workmans) compensation or another area, take advantage of the free consultation. Heck, get two or three of them if you want! They're free!!!
Chad T. Snow is a lawyer in Arizona practicing exclusively workers compensation. He has offices in Phoenix and Tucson where he and his associates at Snow, Carpio, and Weekley can be reached.
Injured Worker's Duty to Inform Carrier of Surgery
Something we've run into recently on a couple of cases that bears mentioning here is the duty that a worker injured on the job in Arizona has to notify the employer's insurance carrier of a pending surgery at least 10 days before it takes place. This general rule is true for any medical treatment for which the carrier may ultimately be responsible. It is true even if the carrier has denied your claim or has closed out your accepted claim.
Many of our clients who have denied or closed claims decide to go ahead and proceed with their surgery through their private health insurance rather than wait the 8-12 months that it can sometimes take to get a decision through the Industrial Commission. That is fine - if the claim is ultimately accepted or reopened, the industrial carrier simply reimburses the private insurance company for bills they've paid. However, if the injured worker fails to give the workers comp carrier adequate advance notice of the surgery, the carrier can be relieved of their liability to pay for the surgery or other treatment. The rationale for this is that the carrier has a right to have the worker evaluated by a physician of their choosing prior to undergoing the surgery. Think of your injured body part as "evidence" - they have a right to examine that evidence before you change it.
If you fail to give adequate notice and the carrier is relieved of having to pay for the surgery, they may still be liable for compensation and other post-surgical expenses after the date that they are notified.
Chad T. Snow is a workers (workmans) compensation attorney in Arizona. He has offices in Phoenix and Tucson. He and his associates at Snow, Carpio, and Weekley can be reached at (602) 532-0700 or (520) 647-9000.
Many of our clients who have denied or closed claims decide to go ahead and proceed with their surgery through their private health insurance rather than wait the 8-12 months that it can sometimes take to get a decision through the Industrial Commission. That is fine - if the claim is ultimately accepted or reopened, the industrial carrier simply reimburses the private insurance company for bills they've paid. However, if the injured worker fails to give the workers comp carrier adequate advance notice of the surgery, the carrier can be relieved of their liability to pay for the surgery or other treatment. The rationale for this is that the carrier has a right to have the worker evaluated by a physician of their choosing prior to undergoing the surgery. Think of your injured body part as "evidence" - they have a right to examine that evidence before you change it.
If you fail to give adequate notice and the carrier is relieved of having to pay for the surgery, they may still be liable for compensation and other post-surgical expenses after the date that they are notified.
Chad T. Snow is a workers (workmans) compensation attorney in Arizona. He has offices in Phoenix and Tucson. He and his associates at Snow, Carpio, and Weekley can be reached at (602) 532-0700 or (520) 647-9000.
Saturday, April 30, 2011
What to Look for In A Workers Comp Attorney
I read a competitor friend's blog recently and it listed several things that an injured worker should look for in a workers comp attorney. Some I agreed with, others I don't - different strokes for different folks. At any rate, I've made my own list of important things to look for in a workers comp attorney in Arizona:
1. The attorney practices exclusively workers compensation. Workers comp is an extremely specialized area of the law. Attorneys who try and dabble in it are unaware of certain biases that doctors or judges may have, and some of the more subtle nuances of the law.
2. The attorney has great staff. This is where I take exception with my competitor friend. As an attorney, if I'm answering the telephone or on hold with your pharmacy, or tracking down your medical records, or making copies, that means I'm not doing real legal work on your case. At Snow & Carpio, we have 10 paralegals and secretaries who have as much as 30 years experience in the workers compensation field. This means that if you have an urgent matter, you don't have to wait for me to get out of court or answer 20 other phone calls to deal with it. It also means I have more time to spend meeting with clients and preparing their cases for court.
3. If you speak Spanish, it is extremely important that your attorney speak your language. I don't know how many times I've been doing a hearing in Spanish where the entire case has hinged on testimony that was interpreted incorrectly. If I hadn't been able to understand and correct the interpretation, the case would've gone the other way. Also, attorneys have an ethical obligation to communicate with their clients. My experience is that attorneys who can't speak their client's language, generally have much less communication with that client, usually handing them off to a spanish speaking paralegal or secretary. 4. You want an experienced attorney, but not too experienced. I've always thought that the best doctors were the ones who had enough experience to have seen everything before, but not too much experience to where they don't stay current on new developments or are just going through the motions. I think the same is true for attorneys. Some attorneys are still handling their cases the way they were handled in the 1970's and haven't kept up with the times.
5. Aggressive doesn't necessarily mean effective. I always laugh at attorney television commercials that tout how "aggressive" the lawyer is. My experience is that some attorneys mask their incompetence by being aggressive or impolite to the opposing party. It has taken me several years to learn that if I am rude to the claim adjustor or their attorney, I get much less accomplished on your case. The saying "you get more flies with honey" is certainly true in Arizona workers/workmans comp cases. 6. Get an attorney who is willing to change your doctor. One of the most effective things we do at Snow & Carpio is make sure our client is treating with a doctor that is more interested in their recovery, and less interested in saving the insurance company money. If your attorney lets you treat with Concentra, for example, or doesn't at least ask you if you feel comfortable with your treating doctor, you might need a new attorney.
7. Your attorney is a real person who gets to know you and treats you like a trusted friend. I've seen many workers comp attorneys who act almost nervous around their working class clients and seem to talk down to them. Alex Carpio and I both worked blue collar jobs for many years before becoming attorneys. We come from humble backgrounds and know how difficult it is for our clients to survive from comp check to comp check. We take a personal interest in our clients and their families. Many of our old clients still come around and invite us to their kids' quinceaneras, weddings, or just let us know how they're doing. Most of our clients come on referral from other clients, which tells us that our clients can tell that we care about them as people, and don't just see them as a necessary means to make our living. There are many more things to look for. When looking for an attorney to handle your claim, you should meet with 3 or 4 attorneys and get a feel for who you are comfortable with. It is one of the more important decisions you will make.
Chad T. Snow is an attorney who handles exclusively workers compensation matters for injured workers in Arizona. He has offices in Phoenix and Tucson with his associates at Snow, Carpio, and Weekley.
Friday, April 29, 2011
2011 Los Abogados Laugh Fest (04/28/11)
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| (L-R) Alex Carpio, Nina Carpio, Chad Snow, Javier Melendez, Erica Gonzalez-Melendez, April Snow, Kirk Snow, Martha Diaz and Nola Dierken |
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| Javier Melendez and Erica Gonzalez-Melendez |
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| Erica Gonzalez-Melendez, April Snow and Martha Diaz |
Wednesday, April 27, 2011
How Does the Doctor Get Paid in Arizona Work Comp Claim?
The insurance carrier pays the medical providers directly based on a fee schedule set by the Industrial Commission of Arizona. A.R.S. 23-908 sets the maximum fee that a physician or pharmacy can charge for treatment or medications. Many times the insurance carrier negotiates a special lower rate with a provider and that may be the reason they want you to treat with a specific doctor.
For the most part, the Arizona Workers Compensation fee schedule pays substantially more than private insurance or Medicare, so many doctors are eager to treat injured workers. The fee schedule is set by taking the fee schedules of 7 other states and calculating the 75th percentile of what they pay for different medical treatments. Fees for durable medical equipment, nurse practitioners, physicians assistants, and orthopedic devices are not set in the fee schedule.
The industrial commission of Arizona reviews the fee schedule yearly rotating through the different types of treatment every four years. For more thorough information about the fee schedule, see the Industrial Commission website at http://www.ica.state.az.us/Director/DIR_FSFAQs2010.aspx
Chad T. Snow is an attorney who limits his practice to representation of injured workers before the Industrial Commission of Arizona and Social Security Administration. He and his associates at Snow, Carpio, and Weekley can be reached at (602) 532-0700 in Phoenix, or (520) 647-9000 in Tucson.
Friday, April 22, 2011
Thursday, April 21, 2011
Monday, April 18, 2011
Do I Need to Answer Interrogatories in AZ Work Comp Case?
I rarely answer interrogatories for two reasons: (1) the insurance company's attorney will be taking your deposition (under oath) soon anyways so they can get the information verbally at that time; (2) they're a huge waste of time.
However, if the carrier's attorney insists on getting answers to the Interrogatories, it is always advisable to answer them. Sometimes, the attorney will ask the judge presiding over your case to issue an Order compelling you to answer the interrogatories. If you receive such an order from the judge, answer the interrogatories IMMEDIATELY. Failure to do so can result in your request for hearing being dismissed or the judge entering some other sanction against you, including having the pay the attorney's fees of the carrier's attorney for the time spent forcing you to answer.
If you have questions about Interrogatories that you've received, the deposition, or the hearing process or your workman's comp claim in general, please contact Snow, Carpio, and Weekley at (602) 532-0700 or (520) 647-9000.
Friday, April 15, 2011
Work Related "Stress" Injuries In Arizona Work Comp
We get a lot of calls from potential clients who want to file a workers comp claim because they have a lot of stress at work or their boss is just a jerk and they can't handle it anymore. The short answer is, "get over it. We're all stressed!" The long, more legal and politically correct answer is, in order to be compensable, a mental injury must be precipitated by an event that is "unexpected, unusual, or extraordinary stress."
The proof required for mental injuries is more stringent than that required for physical injuries because of the difficulty in proving a causal connection between mental illness and work-related stress. As the Arizona workers Comp Handbook so eloquently states, "in today's society, emotional stress has multiple causes. Some are work-related, others are not.
There are two types of emotional stress cases: in the first, the mental injury is caused by a single incident. In the second, the injury producing event is gradual in nature. The former are usually easier to prove compensable. Examples would be where an employee sees a co-worker get shot or die or where the employee hits and kills a pedestrian while on the job. The latter (gradual) are less likely to be accepted because of the difficulty in proving a causal connection.
Summary: if you're stressed because your boss is a jerk, you're overworked, your hours got cut, or your co-worker makes annoying nose sounds, man up and get over it.
If you have a truly stressful event at work, call Snow, Carpio, and Weekley at (602) 532-0700 or (520) 647-9000.
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