Meet the Staff at Snow and Carpio - Arizona's Best Workers Compensation Firm!!!



S&C Holiday Party 2010

One of the things that Alex and I feel sets us apart as Arizona's best workers compensation firm is the experience and quality of our staff.  When you hire an attorney to represent you in your work injury case, you are hiring more than the attorney.  Much of the work on your case will be done by paralegals and legal secretaries and you may have more contact with them than with the attorney.  With that having been said, meet some of our staff:

Martha Diaz - Martha has been working in the area of Arizona workers compensation since 1979.  With over 32 years of experience handling Arizona work injury claims, Martha has worked on literally tens of thousands of cases!  She is currently our intake specialist and meets with all potential new clients.  Martha and I have worked together since 1992 - everything I know about workers compensation I learned from Martha! 

Nola Dierken - Nola has worked as a paralegal for several Arizona workers comp law firms representing both insurance companies and injured workers since 1989.  Nola and I have also worked together since 1992 on thousands of cases. She currently works as my litigation paralegal.  Nola's great organizational skills make up for my lack of organization! 

April Snow - April is our business manager and is also married to my older brother Kirk!  Before joining Snow and Carpio, April owned her own large roof tile manufacturing company for seven years.  April has taken the firm to another level with her business development and customer service skills. 

Melissa Felix - Melissa has worked in the workers compensation field since 2004.  She works now as my pre-litigation paralegal.  Melissa may be one of the friendliest people you ever meet - seriously! 

Angelina Acosta - Angie started with our firm as a receptionist in 2006 when she was just 19 years old.  We quickly realized that she could do a lot more than answer phones and she has moved up to legal secretary and is currently working as Alex Carpio's pre-litigation paralegal. 

Crystal Rios - Crystal was the first employee hired by the firm back at the start in 2003.  At the time, she was attending the Paralegal program at Phoenix College.  She has worked her way through undergraduate studies at University of Phoenix and recently graduated with her Juris Doctorate degree from Phoenix School of Law. 

Ligia Enriquez - Ligia is another employee who started as our receptionist in 2008 and moved up to paralegal.  Ligia is the paralegal on all of our Social Security Disability cases. 

Erica Gonzalez-Melendez - Erica and I met in Law School at ASU in the late 1990's.  After law school, she worked in the areas of personal injury and for a time as a city prosecutor.  After taking time off to have two children, Erica has returned to practice in the areas of workers compensation and also handles some family law, criminal law, and immigration cases.  She also sits on the Board of Directors of Chicanos Por la Causa. 

Elsa Flores - Elsa is our newest receptionist and also attends Phoenix College part-time.  She has already far exceeded our expectations and recently did the entire translation of our website into Spanish.  We hope she will be with the firm for many years. 

Combined, the members of our firm's team have handles literally thousands of Arizona workers compensation cases over 5 decades!  Most of our team speaks spanish and almost all are native Arizonans.  Some of us have worked in several other firms handling workers compensation and we all agree that Snow and Carpio is the best!!! 

Chad T. Snow is an attorney handling Social Security Disability and Workers Compensation claims in Arizona.  He can be reached through his firm's website at Snow, Carpio, and Weekley or at (602) 532-0700 in the Phoenix office and (520) 647-9000 in Tucson. 

Mileage Reimbursements in Arizona Work Injury Claims

Many workers injured on the job in Arizona ask me if they are entitled to mileage reimbursement for travel incurred for treatment for their on-the-job injuries.  There is no hard and fast rule to answer this.  However, the general rule that I use is that if there is no specialist in the area where you live, and you have to travel more than 50 miles to obtain treatment, you are probably entitled to reimbursement for your mileage.  The mileage is reimbursed at the federal mileage reimbursement rate, which (last I checked) was 47 cents per mile. 

The theory behind this rule is that when the injured worker was working, they were incurring expenses traveling to and from work every day, that they aren't incurring while off work recovering from their injuries.  So they are only reimbursed if the travel to obtain treatment is significantly greater than what they normally travelled to and from work.  However, every case is different and every carrier handles mileage reimbursement different. 

Also, if your travel takes you to another city and may require you to stay overnight, you may be entitled to meal and lodging reimbursement. 

Chad T. Snow is a lawyer who handles workers compensation matters throughout Arizona.  He can be reached at his website, Snow, Carpio, and Weekley, or in his Phoenix office at (602) 532-0700 and in Tucson at (520) 647-9000. 

My Blog Has Gone Global

In an effort to better serve our clients who speak Russian, Chinese, Korean, German, French, and Japanese, our blog is now available in all of these languages!!!  (We don't have any clients that speak those languages - yet...)  Kudos to our business manager marketing genius extraordinaire, April, for finding a program that translates our Snow, Carpio, and Weekley blog directly into several selected languages.  And if the spanish translation is any indicator, it's actually a very accurate interpretation.  The Spanish language translation will actually be very helpful for our many spanish speaking clients, who we can now direct to the blog for answers to many of their frequently asked questions. 

If you want to see the blog in a different language, simply scroll down to the bottom of the page, and press on the flag representing that language.  Don't tell anyone about the program, I want them to think we paid to have it professionally translated into all those languages! 

У меня был момент Эврика прошлой неделе, когда я узнал, что некоторые люди на самом деле читать этот блог!  Теперь я должен обратить внимание на содержании, грамматике и правописании! Поэтому я попросил моего менеджера бизнес / невестка апреля по ели дизайн немного. Как обычно, она взяла его на следующий уровень

Ich hatte ein Aha-Erlebnis letzte Woche, als ich herausfand, dass einige Menschen tatsächlich dieses Blog lesen! Jetzt habe ich die Aufmerksamkeit auf den Inhalt, Grammatik, Rechtschreibung und bezahlen! fragte ich meine Business Manager / Schwägerin April bis Fichte das Design ein wenig. Wie üblich, nahm sie es auf die nächste Ebene

Changes to My Arizona Workers Compensation Blog

I had a Eureka moment last week when I found out that several people actually read this blog!!!  Now I  have to pay attention to the content, grammar, and spelling!  So I asked my business manager/sister in law April to spruce up the design a little bit.  As usual, she took it to the next level. 

First, I have asked her to tone down the huge picture of me at the top of the blog.  It's obnoxious.  It makes me look like a narcissistic John Elway look-alike. 

She's working on that!!

But the careful reader will notice that many of the entries have pictures or graphics, there is video sprinkled throughout, and pictures and other links are down below. 

My goal for the blog, other than the obvious of driving clients to my firm's website, is to give information about Arizona workman's compensation claims or cases in an entertaining, down-to-earth way.  Not every injured worker needs an attorney, although every injured worker should at least talk to an attorney.  If this blog can help someone better understand the Arizona workers/workman's comp process, then I'm happy with that.  And if I can include the occasional funny story about wacky clients or pot smoking zookeepers, then all the better!!!

Chad T. Snow is a workers (workman's) compensation attorney who has offices in Tucson and Phoenix.  He has represented thousands of Arizonans who have been injured on the job.  He can be reached at (602) 532-0700 or (520) 647-9000 or through his website, Snow, Carpio, and Weekley.

Social Security Disability in AZ by Attorney Chad Snow

Visit Snow, Carpio, and Weekley to find out more about us

How Should I Dress to My Workers Compensation Hearing?

I get asked a lot by clients how they should dress to their hearings at the Industrial Commission of Arizona.  First, as a general rule, don't do what one of my clients did and wear a t-shirt with a picture of a half naked woman on it that says "F.B.I. - Female Body Inspector" - women judges generally frown on that.  Or don't do what another client of mine did and plop down on the witness stand your hat that has a pair of boobs and a pickup truck on it and the words "If it's got t*ts or tires, it's bound to cause problems."  That lessens your credibility as a witness right off the bat. 

I always tell clients that you should dress as nicely as you can for your hearing.  It is a very serious matter.  Oftentimes your future livelihood depends on its outcome.  The way you dress tells the judge how seriously you take it.  I'm not saying to wear a suit or tuxedo - definitely don't dress better than your lawyer.  But a nice pair of jeans or slacks and a shirt with a collar is appropriate. 

If you have an orthopedic device, like a leg or back brace, wear it underneath your clothing.  Wearing a leg brace over a pair of jeans just looks like you are screaming for attention.  Also, don't do what another client of mine did and bring a bible and hold it the entire hearing. That's a little over the top...

These are just a few friendly tips from Snow, Carpio, and Weekley.

Irony in Arizona Workers Compensation Claims

My 15 year old daughter asked me one time what the definition of "ironic" was.  The first thing that came to mind was a case I litigated at the Industrial Commission several years ago.  My client worked in a large machine shop.  He was on his way out of the shop when his boss told him that he couldn't walk through the shop without his safety goggles.  The goggles were up a flight of metal stairs in the office, so he walked up the steps to get them.  On the way down, he tripped and fell down the flight of stairs, sustaining several fractures in his spine.  As Alanis Morrissette once sang, "isn't it ironic" that he destroyed his spine going to get his safety goggles?

I had another client a couple of years ago who worked at Circle K.  She broke her wrist tripping over the yellow "Caution - Wet Floor" sign.  Isn't that ironic? 

Or the guy who got into a fistfight at his framing company's "safety meeting", sustaining a fracture to his hand. 

Nothing real substantive today, just a few examples you can use if you ever need to define "ironic". 

Chad T. Snow is a workers (workman's compensation attorney in Phoenix and Tucson, Arizona.  He has represented thousands of Arizona's workers who have been injured on the job.  Whether your injury is ironic or not, he can be reached at (602) 532-0700 or (520) 647-9000. You can also check out his website at Snow, Carpio, and Weekley.

What to Expect at Your Workers Compensation Deposition

Few things cause more anxiety for a worker injured on the job in Arizona than attending a deposition prior to their hearing.  And there's really no reason for it.  With few exceptions, depositions in Arizona workers compensation claims are incredibly informal affairs.  However, they can be extremely important in winning or losing your case if you're not properly prepared. 

The deposition is the insurance carrier's attorney's opportunity to ask the injured worker questions under oath to find out information about the claim, and also to gauge how the injured worker will testify if the case goes to court.  The deposition is almost always held at the attorney's office.  If you are represented by counsel, your attorney should attend the deposition with you and prepare you for the questions to be asked beforehand.  A court reporter is always at the deposition making a written record of what is said. 

Most depositions last between 30-60 minutes, depending on the issue and the defense attorney.  The questions usually center around the applicant's work history, how the injury happened, medical treatment that has been received, prior medical history, the applicant's current symptoms, and other information depending on the issue that is pending before the Court. 

The two iron rules that I always tell my clients before depositions are: (1) give short answers; and (2) tell the truth.  Most questions can be answered with a simple "yes" or "no", and perhaps a very brief explanation.  Never volunteer information that hasn't been specifically asked.  And tell the truth always - you never know if the carrier has been having an investigator follow you and perform video surveillance.  If you say you haven't done something, and they have you on videotape doing it, the judge won't believe a word you say. 

If your case has gotten to the point where you have a deposition scheduled, you should probably consult with an Arizona Workers/Workmans Compensation Attorney.  Litigation is definitely not a do-it-yourself project.

Chad T. Snow is an attorney in Phoenix and Tucson, Arizona, who has handled thousands of Arizona workman's compensation claims.  He can be reached at his website, Snow, Carpio, and Weekley, or at (602) 532-0700 or (520) 647-9000. 

Big Win in Workers Compensation Claim for Undocumented Worker

I recently received a Favorable Decision in a claim where the insurance carrier was attempting to avoid paying benefits because they had "found out" that my client (who had worked there 10 years) was an undocumented immigrant.  First of all, I refuse to call decent, hardworking people "illegal aliens".  If that offends you, find another workers compensation lawyer.  But I digress.  The carrier argued that my client's inability to work was not a result of his industrial injury, but rather because of his legal status, and that, if he were legal, they would have work available for him, resulting in no lost wages and no compensation. 

The judge, thankfully, did not agree with this argument.  While he found that my client did have a minimal earning capacity, his industrial injury did contribute to his loss of earnings irrespective of his immigration status.  He awarded compensation back to the date that the company "found out" he was undocumented and fired him.  (I was reminded in the scene in the movie Casablanca where the governor is "shocked, shocked to find out that there is gambling in Casablanca!) 

I don't care what the legal status of an injured worker is.  If he or she sustains an injury on the job and is unable to work and provide for their family, we will fight very aggressively for his or her benefits.  This is equally true in the case of documented workers where the Employer says that they were fired "for cause" and therefore aren't entitled to benefits. 

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

Waddel's Signs - Defense Doctors are the Real Fakers

One of the most common techniques that Defense IME doctors use to discredit injured workers is the use of "Waddell's Signs".  Doctors hired by the insurance carrier will say that an injured worker has positive Waddel's signs to show that they are exaggerating their symptoms or outright faking their injuries. 

The test is named after a physician researcher, Gordon Waddell, who originally intended it to be used as a technique to determine appropriate patients for back procedures such as discography.  It consists of several physical tests including axial compression (pushing down on the top of the head, which shouldn't cause low back pain), distracted straight leg raising, overreaction to stimulus, and complaints of pain in areas that shouldn't have pain from the injured body part. 

A little research, however, has given me ammunition to combat this technique.  First, my partner found an obscure reference in the AMA Guides to the Evaluation of Permanent Impairment that indicates that the use of Waddell's Signs is inappropriate in non-Anglo patients.  That counts out about 80% of my clients. 

Also, a quick Wikipedia search showed that numerous recent medical studies have criticized the use of Waddell's signs and show that they have been misused by the medical community.  For example, a 2004 study by Fishbain showed that In a 2004 review, Fishbain, et al. concluded, "there was little evidence for the claims of an association between Waddell signs and secondary gain and malingering. The preponderance of the evidence points to the opposite: no association".

I can't wait to spring those on the next sheisty defense IME doctor who's trying to paint my client out as a faker. 

Chad T. Snow is an attorney who has handled over 5,000 hearings at the industrial commission of Arizona for injured workers.  He has offices in Phoenix and Tucson, Arizona and handles exclusively Arizona workers compensation claims.  He can be reached through his firm's website, Snow, Carpio, and Weekley.

Where You Get Your MRI Matters (AZ Workers Comp)

I learned something new today - there is a huge difference in quality between MRI facilities.  I was at an Industrial Commission of Arizona hearing where one of my favorite doctors, Brad Sorosky, was testifying.  Dr. Sorosky has a great way of explaining things in ways that normal non-doctors can understand.  The carrier in this case had agreed to pay for an updated MRI since the previous one was of poor quality.  Knowing that carriers always try to send injured workers to the cheapest facility possible, I asked Dr. Sorosky if there was a difference in quality between one facility and another.  He said that there definitely was and gave a perfect analogy:  he explained that it is the difference between taking a picture on your cell phone and taking a picture with a high quality Nikon camera.  He recommended any facility that has 3T technology (whatever that is...) 

I don't know about you, but if I've suffered an on-the-job back injury and the decision whether or not to do surgery depends on an MRI, I want the picture taken with the highest quality diagnostic equipment available, not the one that's going to save the insurance carrier a couple hundred bucks. 

Remember that in Arizona workers comp, unless your Employer is self-insured, you have the right to direct your own medical care.  I personally think that that extends to where diagnostic studies are performed.  The carrier is required to pay for treatment under the Industrial Commission Fee Schedule.  You want the best care possible.  Always ask your doctor which facility they prefer for their diagnostic imaging and insist on getting the MRI, CT, EMG, or whatever at that facility. 

Chad T. Snow is an Arizona Workers (workmans) compensation attorney with offices in Phoenix and Tucson.  He has represented thousands of injured workers before the Industrial Commission and Court of Appeals.  He can be reached at his website, Snow, Carpio, and Weekley, or at (602) 532-0700 and (520) 647-9000. 

Man Mauled by Bear After Smoking Pot is Covered by Workers Comp

The Montana Supreme Court recently found a claim compensable for a man, Brock Hopkins, who admitted to smoking pot prior to entering a bear habitat to feed the bears - and subsequently being mauled by the bear.  The Montana Uninsured Employers Fund had denied the claim saying that (1) he shouldn't be compensated because he was under the influence of marijuana; and (2) he wasn't acting within the scope of his duties.  The Supreme Court disagreed, saying "use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most," there was no evidence presented regarding Hopkins' level of impairment.  The Court also found that the grizzly bears are "equal opportunity maulers" without regard to pot use. 

The case demonstrates two principles that are equally true in Arizona's workers compensation system.  First, it is a "no fault" system - any injury that arises out of and occurs in the course and scope of a worker's employment is compensable, without regard to who was at fault in causing the accident.  Second, the "scope" of an injured worker's employment can often be very broad in finding a claim compensable. 

The best part of the article (link below) are the comments after the article.  Some of my favorites:

"I was gonna feed a grizzly, but then I got high"

"The bear was upset because Hopkins was bogarting"

"This happens every day. We really need a national plan to help people become aware of the health risks associated with burning it and heading out to have a tussle with Smokey." 

"Remember kids, don't bogart! Puff,puff,­pass! lol"

"I did some coke with this lion one time. Almost got my butt mauled" 


http://www.huffingtonpost.com/2011/03/24/brock-hopkins-bear-maul-marijuana_n_840374.html?ref=fb&src=sp#comments

Chad T. Snow is an attorney who practices exclusively in the area of workers compensation in Arizona.  He has offices in Phoenix and Tucson and has never smoked pot with a bear or any other predatory animal.  He can be reached through his web site at Snow, Carpio, and Weekley.

Using the Internet for Case Research

Several times in the last few weeks, I've been reminded of how much the Internet has changed the practice of law.  Information that in the past would have cost days of laborious research, is now one Google search away. 

I recently had a case where the temperature on the day in question in Tucson was an integral part of my arguement.  Pre-internet, how would I have found out what the temperature was in Tucson at 11:00 a.m. on June 5, 2010?  As it was, I found a chart published by the National Oceanic and Atmospheric Administration which showed that the low temperature that day was the highest low ever for that date - essentially making my case for me.  And it took less than five minutes! 

As I mentioned in another recent post, I had another case with very complicated medical causation questions regarding the link between paint exposure and leukemia.  In the old days, it would have taken weeks of research, and probably thousands of dollars to pay experts, to find out what a couple of hours of surfing the web gave me. 

I've found lots of information to challenge defense medical experts on issues that back in the day I would've never been able to find.  The Judges at the Industrial Commission love when attorneys make creative arguments with internet research to back it up. 

Thanks, Al Gore, for inventing the internet.  It's sure made my job a lot easier...

Chad T. Snow is a workers compensation attorney in Tucson and Phoenix.  He can be reached at (602) 532-0700 or (520) 647-9000.  His website at Snow, Carpio, and Weekley has bundles of information and links on various workers compensation topics. 

Snow & Carpio En Espanol

Por nuestros clientes que hablan espanol, nos da mucho gusto anunciar nuestro nuevo sitio de Web, Snow y Carpio en espanol.  Estara disponible toda la misma informacion que se encuentra en nuestro sitio en ingles y mas recursos especiales para nuestros clientes hispanohablantes.  Ademas, esperamos traducir los mas de 70 entradas a esa blog antes del fin del mes de abril.  El blog trata de muchas temas de interes para personas lesionadas en el trabajo. 

Desde su fundacion en 2003, la firm de Snow y Carpio ha sido parte integra de la comunidad hispana en Phoenix y Tucson.  Hemos representado a miles de hispanos lastimados en el trabajo.  Ademas de nuestro papel como abogados en corte, hemos peleado para los derechos de inmigrantes y contra los abusos de politicos como Joe Arpaio y Russell Pearce, que usan el tema de la inmigracion para sus fines politicos.  Creemos que nuestra responsabilidad a la comunidad extiende mas alla de la corte. 

Si Ud o alguien que conoce se ha lastimado en el trabajo, o sufrido una lesion que cualquier tipo, esperamos que encuentre informacion util en la nueva pagina del web.

Chad T. Snow es un abogado que representa exclusivamente a personas victimas de accidentes de trabajo.  La firma de Snow y Carpio tiene oficinas en Phoenix y Tucson y se puede llamar a (602) 532-0700 o (520) 647-9000.  La pagina principal del web se encuentra en Snow, Carpio, y Weekley.

Fatal Leukemia Linked to Exposure to Benzene in Paint

I have a very sad workers compensation death claim for a young man who was a painter for several years with a local company that paints aircraft and automobile parts.  He started coughing one day and within a couple of weeks had bruises over his body and was extremely fatigued, and starting spitting up blood.  He checked himself into the hospital and was diagnosed with acute leukemia and passed away within 8 days.  He left behind a young wife and two kids. 

I have to say that I hate handling cases like that, although it is very gratifying to help a family take a horrible situation and turn it for the better.  In this case, I ended up researching a lot about the link between leukemia and benzene, which is a common component in paint and other solvents.  Most of my research pointed to the accepted fact that painters are at a higher risk to getting leukemia because of their prolonged exposure to high amounts of benzene in the paint they mix and spray. 

I will now need to obtain information from the employer to show what chemicals my client may have been exposed to while working for them.  I will need medical expert testimony to show that it is more likely than not that my client's exposure to those chemicals caused his leukemia which in turn caused his death.  His family will then receive survivors benefits under the Arizona Workers Compensation Act. 

This case serves as a reminder that many jobs that seem otherwise to be very harmless can be in fact potentially fatal.  Workers should be aware of the chemicals that they are exposed to and the potential long term affects that they can have on the body.  Employers are required to maintain Material Safety Data Sheets for any chemical compounds that workers use.  It would be wise to know what you're being exposed to before it's too late. 

Chad T. Snow is an attorney who represents injured workers before the Industrial Commission of Arizona and the Social Security Administration.  He can be reached at Snow, Carpio, and Weekley, at his Phoenix office at (602) 532-0700, or in Tucson at (520) 647-9000. 

Update on HB2617

Word on the street is that House Bill 2617, which would have allowed full and final settlement of Arizona workers comp claims, is essentially dead on arrival.  A wide array of interests seem to have lined up against the bill, including the Industrial Commission - the state agency who oversees administration of on the job injury claims.  Other opponents included many of the unions, trial lawyers, and the Arizona Medical Association. 

While many of us who represent injured workers would have benefitted greatly from the much larger settlements that we could obtain, most of us were opposed to the bill.  I personally feel that it is bad public policy for two reasons:  (1) it places the burden of paying future medical expenses on taxpayers, instead of keeping it with the insurance carrier who has profited from the premiums paid; and (2) it takes advantage of injured workers at a time in their life where they may be very vulnerable and succeptible to making bad financial decisions. 

Kudos to fellow work comp attorneys Daryl Engle, Steve Weiss, and the others who lobbied hard against the bill. 

Chad T. Snow is an attorney who practices exclusively in the area of Arizona Workers Compensation.  He has offices in Phoenix and Tucson and can be reached at the Snow, Carpio, and Weekley website or at (520) 647-9000 or (602) 532-0700. 

What I Learned About Immigration Law - Some Misconceptions

I recently tried to help a friend with some immigration issues and learned quite a bit about our country's immigration problems. 

HOW SCREWED UP IS OUR IMMIGRATION POLICY? 

First, let me tell you about an experience I had on an airport shuttle a couple of years ago in Salt Lake City.  I struck up a conversation with a very nice young man from India.  Upon finding out that I was an attorney, he asked if I knew anything about immigration.  I told him that, unfortunately, I did not.  He then explained that he had recently graduated from Harvard University Medical School with a degree in pharmaceutical engineering but had been unable to secure a visa or work permit to remain legally in the United States.  I remember thinking how ridiculous that was - that our country would deny residency to someone who could so clearly contribute to our society.  I personally think that we should staple a green card to every diploma handed out to a foreign student at any university.  But I digress....

IMMIGRATING "THE RIGHT WAY"

My friend I mentioned above has lived in the United States since 1995.  Like most illegal immigrants, she entered legally and overstayed her visa.  (So much for building the danged fence)  She has never had any run-ins with the law and has worked the entire time.  She has assimilated herself completely into American society.  In 1997, she applied for legal residency through a sister who is a U.S. citizen.  She has done everything the United States has asked her to do to immigrate legally - and yet she still waits.  I think of her when I hear anti-immigrant people say things like "we don't have a problem with immigrants as long as they do it the right way."  So my friend has waited almost 15 years of "trying to do it the right way" and still no results.  This is a bright, educated, law abiding, hard working person. 

ANCHOR BABIES

I also found out that for a U.S. citizen to petition for a parent to gain legal residence, the petitioning citizen-child must be over the age of 21.  U.S. citizens who are under the age of 21 cannot petition for their parents under any circumstances.  This kind of dispells the myth of what nativists like to call "anchor babies".  If an illegal alien has a baby today that is granted birthright citizenship, that baby will not even be able to apply for their parents for 21 years - and then will face a process of about 10 years until it is approved.  So that illegal alien parent might gain legal residence through their "anchor baby" in 31 years...  Now that's foresight!!!

WAITING PERIODS

A U.S. citizen can apply for residency for their unmarried children under the age of 21.  However, if the child is from Mexico, the waiting period for legal residency is 8 years, 13 years if they're from the Phillipines.  If the child is over the age of 21, the waiting period for Mexican citizens is 12 years.  Many people think that a U.S. citizen can apply for residency for their non-citizen spouse and that it is given automatically.  Not so.  The wait for citizens of most countries is over 5 years.  For citizens of Mexico, it's over 7 1/2 years.  I've had marriages that lasted less than the waiting period!!!  If a U.S. citizen applies for residency for a brother or sister, the wait for Filipinos is over 20 years, 12 years for most other countries. 

Pardon the soapbox, but I think this information shows how broken our immigration system is.  People who are anti-immigrant probably have no idea how difficult it is to come to the U.S. legally.  The United States should develop an immigration system that welcomes healthy, educated, law abiding peoples from around the world to contribute to the growth of our country. We should also encourage the unification of families. 

Chad T. Snow is an attorney who handles workers compensation matters in Arizona.  He has offices in Phoenix and Tucson and can be reached at the Snow, Carpio, and Weekley website or at (602) 532-0700, or (520) 647-9000. 

Injuries that Occur as a Result of Fights at Work

Some of our most interesting cases have been those where the injuries were the results of fights or assaults at work.  The general rule of whether or not these injuries are compensable is whether or not the subject matter of the fight was related to the work or was personal.  This rule applies equally to both the aggressor and the victim of the assault. 

For example, I recently litigated a case where my client had been arguing all day with a co-worker about the co-worker's sloppy work that was keeping them from finishing a job on time.  The co-worker started cursing at my client, who shoved the co-worker, who then punched my client, knocking him over and fracturing his ankle as he tried to maintain his balance.  Because the subject nature of the argument was related to the work, the claim was found compensable.  On the other hand, if the two had been fighting over a personal matter, such as a girlfriend, the injury would not be considered as arising out of the employment. 

These cases are usually very awkward to litigate because many times the people who have fought are in the courtroom together and sometimes they describe the altercation in very colorful language.  Hearing Kathy Hansen interpret the words "te voy a reventar el osico" and "revamientemelo pues, vieja puta" is one of the highlights of my career! 

Chad T. Snow is an attorney who handles exclusively workers compensation matters before the Industrial Commission of Arizona.  he can be reached at Snow, Carpio, and Weekley in Phoenix at (602) 532-0700 and in Tucson at (520) 647-9000. 

Injuries that Occur Outside the State of Arizona

Occasionally we'll have a client who lives in Arizona who is injured while working outside the state of Arizona.  These injured workers are still entitled to benefits under Arizona law in several circumstances.  First, if they were hired within the state, they are covered under Arizona law (A.R.S. 23-904(A)).  Employees injured outside the state are also entitled to compensation if they are "regularly employed" within the state.  "Regularly employed" depends on consideration of such factors as where the employee spends most of his or her work time, where the paychecks are issued, and where the job assigments originate. 

These types of injuries are frequent with over the road truck drivers, road construction crews, and other types of workers whose jobs may take them from time to time to other states.  For more detailed information, you should contact an attorney at Snow, Carpio, and Weekley.

Am I Entitled to Job Retraining After My Work Injury?

Many clients ask if the employer or insurance carrier is required to provide job retraining if their industrial injury prevents them from returning to the job they were performing at the time of their injury.  The short answer is "no".  The long answer is that there are two other alternatives for obtaining what is commonly called Vocational Rehabilitation following an on the job injury in Arizona. 

The first is through the Industrial Commission's Special Fund Division.  In certain categories of cases, injured workers are eligible to have schooling paid for along with books and other expenses.  The Special Fund is funded by a surcharge of 1.5 % on all workers comp premiums paid in Arizona. 

The other option is through the Department of Economic Security's Department of Vocational Rehabilitation.  The criteria for DES voc rehab has traditionally been a little more lax than the Special Fund's - however, with recent cutbacks in state government programs, it is unsure how likely it is that injured workers will continue to get vocational rehab through DES. 

I have many clients who have taken advantage of these voc rehab programs and have actually ended up with higher salaries than they had at the time of their on the job injury.  If you have any questions about retraining for a new career following an Arizona industrial injury, contact me through our website at Snow, Carpio, and Weekley.

What is the Industrial Commission of Arizona?

The Industrial Commission of Arizona is a state administrative agency that oversees work injuries, occupational safety, labor rights, and several other functions related to labor.  The Commission is led by five "commissioners" appointed by the governor to staggered five year terms.  The Director of the ICA, currently Laura McGrory, is responsible for the day to day operations of the Commission. 

With regard to administration of workers compensation claims, the Commission has several important Divisions. 

1.  The Special Fund Division is responsible for processing all claims by injured workers against non-insured employers.  The Special Fund also provides vocational rehabilitation in some cases and indemnifies carriers in second injury cases.
2.  The Claims Division - handles various claims processing functions such as determining Average Monthly Wage, ruling on Petitions for Change of Doctor, and Findings and Awards in cases of Permanent Disability.  Claims Division can be reached at (602) 542-4661
3.  Administrative Law Judge Division - ALJ's decide contested cases dealing with the Workers Compensation Act (and OSHA citations also).   ALJ Division can be reached at (602) 542-5241

Chad T. Snow is an attorney with Snow, Carpio, and Weekley who handles exclusively workers compensation claims in Arizona.  He has offices in Phoenix and Tucson and can be found at the Industrial Commission just about every day.  He has handled over 5,000 hearings at the ICA.  He can be reached at (602) 532-0700 or (520) 647-9000. 

What is the State Compensation Fund?

When Arizona passed the first Workers Compensation Act in 1925, the Industrial Commission of Arizona acted not only as the state agency administering claims, but as a state owned insurance company with the authority to regulate other insurers providing workers comp coverage in Arizona.  This presented more than the mere appearance of a conflict of interest.  So in 1968, the legislature created a separate agency, the State Compensation Fund, to be operated as a separate, but still state owned, insurance company.  Since 1991, the State Compensation Fund has operated as a quasi state agency that offers work comp coverage more or less on equal footing with private carriers.  More recently, the "Fund" as it is often referred to, has become more or less a private mutual insurance company.  Renamed SCF Arizona in recent years, the "Fund" continues to evolve into a completely private insurance company with fewer and fewer ties to the state. 

However, many of our clients still confuse the "State Compensation Fund" with the Industrial Commission of Arizona, which is still the state agency governing work injuries in Arizona. 

My experience with SCF Arizona is that it is one of the easiest insurance companies to deal with, both on administration of claims, as well as litigation.  SCF has offices in Phoenix and Tucson, although all claims processing is handled out of Phoenix. 

Chad T. Snow is an attorney who handles exclusively workers compensation claims in Arizona.  He has offices in Phoenix and Tucson and can be reached through his website at Snow, Carpio, and Weekely.

Goodbye to Our Friend Jorge Solchaga

Snow and Carpio wishes a warm goodbye to our friend Jorge Solchaga, who has been in charge of Protection of Mexican Citizens in the Exterior for the Mexican Consulate in Phoenix for the last seven years.  We attended a small reception in Jorge's honor tonight at Avanti Restaurant, hosted by consul general Victor Manuel Trevino Escudero.  Jorge has helped thousands of Mexican citizens deal with innumerable difficulties during the last few turbulent years in Arizona.  We were impressed that several U.S. government officials, including a representative from Immigration and Customs Enforcement (ICE) came to pay respect to Sr. Solchaga, even presenting him a plaque to recognize his professionalism. 

We wish Jorge the best as he takes on a new post in the Consulate in Los Angeles.  As he said tonight, L.A. might be the largest consulate, but Phoenix is the most important.  We will miss you Jorge!  Que te vaya bien!

Spring Break Time in Mexico!!!

I'll be gone for the next few days in Rocky Point (Puerto Penasco) Mexico for Spring Break!!!  Before you get any images of Girls Gone Wild, Beer Bongs, and wild parties, remember that I have five kids...  When I tell people I'm going to Mexico, many get wide eyed and say "are you sure it's safe down there."  Honestly, I've never felt the least bit threatened in the 30 years I've been going to Rocky Point.  In fact, Phoenix New Times just did an article that says that A.S.U. college students are statistically safer in Rocky Point than they are on A.S.U.'s campus.  Rocky Point has HALF the murder rate of New Orleans.  An American citizen hasn't been murdered in Rocky Point since 1991 - which was when a husband killed his wife so that he could be with his girlfriend, Ysenia - who he found out at the trial used to be a man...  But I digress!  The place is absolutely safe and is a blast.

I'll be back blogging for Snow, Carpio, and Weekley next week!

Reasonable Degree of Medical Probability

As a follow up on my last post, I, Chad Snow of Snow, Carpio, and Weekley, want to discuss the burden of proof that applicant's have in their hearings before the Industrial Commission of Arizona.  At the end of almost every hearing involving a medical witness at the ICA, the attorney performing the direct exam will ask a question like "do you hold the opinions you've given today to a reasonable degree of medical probability?"  All this means is that the doctor must feel that it is more likely than not that his opinions are correct.  In other words, is the doctor 51% or more sure that what he has testified to is correct.  For example, a doctor can never say with absolute certainty that a herniated disc on an MRI is without any doubt related to an industrial injury.  But he can say that, if the applicant never had low back pain before the injury, had a mechanism of injury that could cause a herniated disc, and has had low back and leg pain ever since in the appropriate distribution, that it is more likely than not related to the injury.  If a doctor testifies that something is a mere possibility as opposed to a probability, then the applicant has not met his or her burden. 

This is a lower burden than, for example, what many people are used to hearing in criminal cases:  beyond a reasonable doubt - which is with almost certainty.

Direct Exam of Medical Witness in Arizona Workers Compensation Claim

Most Arizona work comp litigation requires expert testimony from a medical expert as part of the injured worker's burden of proof.  Asking questions of the medical expert is part science, part art.  The following is a very basic outline that I follow when questioning my own medical expert:

1.  Professional qualifications (licensed to practice in Arizona, field of specialty, board certification)
2.  Scope of treatment (treating doctor or IME)
3.  What records did you review as a basis for your opinions?
4.  What was your understanding of the mechanism of injury (how accident happened)
5.  What treatment had the injured worker undergone prior to you seeing him/her?
6.  What are the applicant's subjective complaints?
7.  You conducted a physical exam?  What significant findings? 
8.  Did you review any diagnostic studies (MRI, x-rays, EMG, etc)?
9.  Based on the mechanism of injury, the applicant's subjective complaints, the objective findings on physical exam and diagnostics, were you able to reach a diagnosis related to the industrial injury?
WHEN ISSUE IS CONTINUING BENEFITS
10.  Do you feel the applicant's condition is medically stationary or is there further active care that could reasonably be expected to improve his/her condition?
11.  Do you feel he/she has sustained a permanent impairment under the Sixth Edition of the AMA Guides or is it too early to tell pending further care?
12.  Are there additional diagnostic tests that are necessary?
13.  What work restrictions would you impose?
WHEN ISSUE IS REOPENING
*Were you able to identify a new, additional or previously undiscovered condition causally related to the industrial injury? 
IF CREDIBILITY IS AT ISSUE
*Did you notice any symptoms magnification, Waddell's signs, or other red flags? 

This is, of course, a very crude outline and needs to be adjusted according to the strengths and weaknesses of your case.

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

Cross Examining the Defense Medical Expert in AZ Workers Comp Hearing

In law school, there is a famous video called "The Ten Commandments of Cross-Examination".  They are:

1. Be brief.
2. Short questions, plain words.
3. Always ask leading questions.
4. Don't ask a question to which you do not know the answer.
5. Listen to the witness' answers.
6. Don't quarrel with the witness.
7. Don't allow the witness to repeat his direct testimony.
8. Don't permit the witness to explain his answers.
9. Don't ask the "one question too many."
10. Save the ultimate point of your cross for summation

I had two hearings today which perfectly demonstrated these Commandments.  In the first, I was cross-examining Dr. McLean, who is a very well respected expert that I use on many of my own cases.  I knew that I wasn't going to change Dr. McLean's opinion, I just wanted him to agree with a few of the stronger points of my case.  I only asked him leading questions that I already knew the answer to.  I asked him to concede the points of my case that were the strongest.  This has a twofold purpose - if the doctor concedes, it adds credibility to your own medical witness, if he refuses to concede the obvious, it makes him look partisan and ridiculous.  Dr. McLean agreed with the few points that I brought up and I ended on that. 

In the second case, a less seasoned defense attorney was cross examining my medical expert.  Every question he asked was open ended, which only allowed my doctor further chance to explain himself and address any doubts that the ALJ might have had.  He also kept trying to push the same point which is futile - you are never going to convince a board certified fellowship trained orthopedic surgeon that he's been wrong all along.  Finally, he allowed my expert to go on and on explaining himself.  He made my case more than I did. 

Of course, there is always what I like to call "The Overholt Rule", named after a former ALJ at the Industrial Commission.  Judge Overholt taught me early on that "most of the time, the best cross examination is 'no questions Your Honor."  In other words, let your expert's opinion stand on its own, don't give the other expert any further chance to explain himself or defend his position.  Good advice. 

Chad T. Snow is an attorney who practices in the area of workers compensation in Arizona with offices in Phoenix and Tucson.  He can be reached at (602) 532-0700, (520) 647-9000, or through his firm's website at Snow, Carpio, and Weekley.

Endorsement of Endurance Rehab

If anyone has any kind of injury that requires physical therapy, I highly recommend Endurance Rehabilitation.  I was referred to Endurance by one of the Industrial Commission judges who had treated there, and I couldn't be more pleased with the treatment I've received.  Having gone through extensive rehabilitation for a previous knee injury on two occasions, I know that having the right physical therapist can make a huge difference in your outcome following surgery.  You can learn more about Endurance Rehab on their website at http://www.endurancerehab.com/ 

Although I haven't treated there personally, many of my clients have also spoken highly of Strength Training International or S.T.I. Physical Therapy.  I would recommend them as well. 

Chad T. Snow is an attorney with Snow, Carpio, and Weekely. He has offices in Phoenix and Tucson, Arizona who represents those injured on the job.  He can be reached at (602) 532-0700 or (520) 647-9000. 

What Are the AMA Guides in Arizona Workers Comp?

Determination of permanent disability in Arizona work injury claims is governed by a book published by the American Medical Association called The Guides to the Evaluation of Permanent Impairment.  The Guides have a section for each of the major body parts which give uniform rules for doctors to "rate" permanent impairments in injuries.  Although the rules are supposed to be uniform, they are often interpreted very differently by different doctors.  I recently had a case where one doctor found my client had a 28% impairment, another found he had a 42% and a third found a 61% - all looking at the same table!

Some doctors think that the Guides are perfect, and won't deviate from them at all.  Others say that they are what they say they are - only a "guide" to help in reaching a determination of how an injury has really affected the overall function of the body part. 

In cases of "scheduled" injuries, the doctor's rating under the Guides is the most important factor in determining how much compensation the injured worker will receive for his or her injury.  In unscheduled injuries, the actual percentage rating is unimportant, as long as the injured worker has at least a 1% permanent impairment. 

Chad T. Snow is a workers compensation attorney who has represented thousands of injured workers in Arizona.  He has offices in both Phoenix and Tucson.  He can be reached at (602) 532-0700, (520) 647-9000, or on his website at Snow, Carpio, and Weekley.

Different Issues in Work Comp Claim in Arizona

There are several different issues that can arise in an Arizona workers compensation claim.  Being able to identify these issues is usually the expertise of a workers compensation attorney.  Knowing the difference is extremely important in deciding what evidence to submit, what witnesses to call, and what your burden of proof is.  The main issues that we encounter are as follows:

1.  Compensability - this refers to whether or not a claim is accepted as an industrial responsibility.  For example, if a carrier denies the claim and you request a hearing, the issue at the hearing is compensability.  Compensability cases usually have several sub-issues including forthwith reporting, pre-existing conditions, credibility of the witnesses, and many others.
2.  Continuing benefits - a case goes to hearing on continuing benefits when it is an accepted claim that is subsequently closed out by the insurance carrier.  If the injured worker disagrees with the closure, he or she requests a hearing arguing for continuing benefits.  This always requires medical expert witness testmony to prove the need for additional active medical care.
3.  Permanent impairment - when there is a dispute about either the existence of a permanent impairment or the extent of the permanent impairment in cases of scheduled injuries.  Medical expert testimony is necessary.
4.  Loss of Earning Capacity (LEC) - where an injured worker has sustained an unscheduled injury (see prior blog post about scheduled vs. unscheduled injuries) and there is a dispute about his post-injury earning capacity compared to what he earned prior to his injury.  If there is a loss of earnings as a result of the injury, he may be entitled to permanent compensation benefits.  Usually requires expert vocational testimony and sometime expert medical testimony if there is a dispute about restrictions.
5.  Supportive Care - if there is a dispute about the sufficiency of the supportive care awarded by the carrier vs. that recommended by the treating doctor.

These 5 issues encompass about 95% of all hearings at the ICA (in my experience).  There are, of course, other issues that rarely come up such as mileage reimbursement, choice of doctors, unpaid compensation, bad faith, and many others. 

Chad T. Snow is an attorney who handles exclusively workers compensation claims in Arizona.  He can be reached through his website at Snow, Carpio, and Weekley.

Doctors Aren't Always Right

I had a doctor testify in a hearing today who I normally respect but who had it all wrong in this case.  At issue was whether or not walking on crutches and placing all of one's weight on their non-injured foot can aggravate an underlying asymptomatic condition in their heel.  This doctor, who shall remain nameless, testified that it is impossible for someone to develop increased pain in the uninjured leg/foot from placing all their weight on it while recovering from surgery. 

I've never wanted to take the stand and testify worse than I did today.  I had surgery on my right knee three weeks ago and have been using crutches and placing all my weight on my left leg.  And guess what?  My left leg hurts worse than the one that had surgery!  It just goes to show that doctors can have their opinions - but they are just that - opinions.  I've had doctors in other cases testify that knee injuries shouldn't result in any restrictions on prolonged sitting.  Bullcrap.  I can only sit comfortably for about 30 minutes until my right leg falls asleep and I need to stand for a few minutes. 

Some other things I've learned to believe my clients more since my injury:

1.  Using crutches for long periods of time hurts your hands, wrists, and shoulders.
2.  It is hard to sleep after an injury like this, which makes you tired all day, and makes it hard to concentrate.
3.  It would be hard to survive if I wasn't able to work and had to wait to litigate my workers compensation claim. 
4.  Doctors make you wait in their waiting rooms much much much longer than lawyers. 

Chad T. Snow is an attorney who practices exclusively workers compensation and Social Security Disability in Phoenix and Tucson, Arizona.  He is the founder of Snow, Carpio, and Weekley, who can be reached at (602) 532-0700 or (520) 647-9000. 

Submitting Lay Evidence in a Work Comp Claim in Arizona

I have an interesting case here at Snow, Carpio, and Weekley that is going to hearing next week where one of the issues is how hot it was the day that the injury took place.  My client is claiming that he was working in a paint booth where the temperatures reached up to 130 degrees on the day in question.  The Employer's witnesses are saying it wasn't very hot that day.  So I turned where any great lawyer would turn for evidence:  I Googled it!!!  I found great evidence from the National Oceanic and Atmospheric Administration website about the temperature in Tucson on the date my client was injured.  I found out that a record was set that day for the highest minimum temperature ever for that date.  It was also the 6th day in a row of temperatures at least 13 degrees above normal.  I simply printed up the table and submitted it as evidence.  Who would have thought that what could be the winning evidence in a huge case would come from a simple internet search?

Letting the Insurance Carrier Pick Your Doctor

I had a potential client call me yesterday and cancel our appointment to meet because he said "the insurance carrier told me they would help me find a specialist, so I don't need an attorney right now."  He didn't seem to understand that the insurance carrier might not have his best interest at heart.  He probably still believes in the Easter Bunny and Santa Claus as well.  I guarantee he'll be calling me sooner rather than later. 

I'm not one of those attorneys that spends all my time slamming insurance companies - they have a right to make money like any other business.  But make no mistake about it, they are for profit companies in the business of making money.  And they make money by keeping the cost of claims down, which means paying you as little as possible in compensation and keeping your medical costs to a minimum.  Their most effective tool at both of these is getting injured workers to treat with the carrier's preferred physicians. 

The treating physician controls everything in an Arizona workers compensation claim.  Every carrier has hand picked doctors in every specialty that they send a lot of business to and therefore are somewhat beholden to the carrier.  They provide a minimal amount of medical care and release the injured worker back to work oftentimes well before he or she is ready.  At the end of the case, they either give very low percentages of permanent disability or little or no work restrictions to minimize the amount of permanent compensation that the carrier has to pay the injured worker. 

THe only question now is whether that potential client will be calling me because the carrier's hand picked doctor closed his case out too soon, released him back to regular work even though he can't do it, won't provide him medications, or a host of other things that save the carrier money...

Chad T. Snow is an attorney and the founder of Snow, Carpio, Weekley in Phoenix and Tucson Arizona who specializes in workers compensation claims.  He has represented thousands of Arizona's injured workers.

Re-opening A Claim.

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What Can I Expect at a hearing?

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What is a Vocational Expert in Arizona Work Comp Claim?

Any time an injured worker in Arizona is trying to prove that he or she has lost earning capacity as a result of their industrial injury, it is usually necessary to hire a vocational expert, otherwise known as a labor market expert or consultant (VE, LMC).  This is a person who is trained to know the physical and vocational requirements of every job in a specific labor market.  The LMC is then given the vocational profile and work restrictions of the injured worker, and they then identify jobs that exist in significant numbers in the labor market where the injured worker lives, that they should be able to do even with their permanent restrictions. 

In cases where the Loss of Earning Capacity (LEC) is disputed, the applicant and the insurance carrier both usually retain their own LMC's.  The LMC's give testimony at a hearing trying to convince the judge that their opinion as to the injured worker's employability is more probably correct. 

Labor market experts are a very important part of obtaining permanent benefits and are usually well worth the investment of $400-1,000 that they cost.  For more information, see our website at Snow, Carpio, and Weekley.


Snow, Carpio, and Weekely are attorneys who have represented thousands of injured workers in Arizona since 2000.  They have offices in Phoenix and Tucson Arizona.

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.