Arizona Legislature Tries to Screw Injured Workers

There is an old saying that while you might not take an interest in politics, politics definitely takes an interest in you.  That is very true for injured workers during this session of the Arizona legislature.  Two bills in particular could result in very negative changes for those injured on the job.  Representative Karen Fann from Prescott has introduced the bills, almost definitely at the behest of ALEC, a national organization funded by large corporations that tries to enact changes in state legislatures which will enrich said large corporations, often at the expense of working people. 

The first bill would force all injured workers to treat with doctors chosen for them by the insurance carriers - a sort of workers comp HMO.  You can imagine the disastrous results this would cause for injured workers.  Most carriers would enlist a panel of extremely conservative doctors whose primary concern would be to cut costs for the carrier in order to maintain the relationship.  These doctors would provide a minimal amount of treatment and then tell the worker that they are fine and can go back to full work - even if they aren't.  This happens all the time currently when workers allow their care to be directed by the insurance company. 

The second bill would force treating doctors to follow pre-determined guidelines set by an out-of-state group - again with the goal being cost reductions for the carrier.  It would remove any independent judgement on the part of the doctor and severely limit their ability to treat injured workers according to their experience and on a case by case basis. 

As soon as Karen Fann and the rest of the legislature enlists in an HMO where their doctors are told what treatment they can do, I'll advise my clients to follow right behind.  In the meantime, we'll keep fighting!

Chad T. Snow and X. Alex Carpio are attorneys who limit their practice to workers compensation and Social Security Disability with offices in Phoenix and Tucson Arizona.  They can be reached at (602) 532-0700 or (520) 647-9000. 

I'm Baaaaaaaack!!!!!!!!!!!!!!!

After a prolonged absence from the blog, I'm back to make periodic observations about workers compensation issues in Arizona.  For the last few months, I've been dedicating much of my time to the successful recall of state Senate President Russell Pearce, of which I served as Chairman.  More about that in a later blog.  I'll also be updating everyone on the recent activity at the legislature and a number of bills that have been introduced which would significantly reduce the rights of injured workers to select their own medical providers.  My partner, Alex Carpio, has led the charge against those bills and appears to be having some success.  I will also start making some posts on issues regarding Social Security Disability, which Snow & Carpio has added as a practice area in the last two years.  A lot has happened so look forward to more frequent posts on these and several other issues. 

Chad T. Snow is an attorney limiting his practice to the representation of injured and disabled workers in Arizona.  His firm is the only workers compensation firm with offices in both Phoenix and Tucson and can be reached at (602) 532-0700 or (520) 647-9000 or at Snow, Carpio, and Weekley.

Chad Snow's 11/21/11 interview on Fox 10

Citizens for a Better Arizona Looks to Recall Arpaio and Brewer: MyFoxPHOENIX.com
Snow, Carpio, and Weekley

See Chad's Interview on Horizonte

Snow, Carpio, and Weekley

CTV News - Compensation board staff suffer after hostage episode

CTV News - Compensation board staff suffer after hostage episode

Snow, Carpio, and Weekley

Think twice before eating a donut at your desk....

I don't know about you, but in our office here at Snow and Carpio, it is a constant battle to watch our weight. Between the amazing breakfast burrito place around the corner or our favorite Mexican food restaurant Rito's; my pants always seem to be a little tight. It's not just what we eat, it's the fact that we don't have a physical job. I hardly think a roofer has to worry about eating a big lunch like we do. He is going to be up and down ladders all day and will quickly burn off his calories. Or even a nurse. She is going to be on her feet all day walking through the halls to see patients. Unfortunately for us, we sit at our desk and the only thing moving at a rapid pace is our fingers from typing.

...and if you don't think your productivity at work is affected by your weight, think again! Employees who are moderately to extremely obese have reduced productivity on the job, even compared to overweight or mildly obese workers, reports a study in the January Journal of Occupational and Environmental Medicine, official publication of the American College of Occupational and Environmental Medicine (ACOEM).

Additionally, employees with moderate to extreme obesity also had increased health-related absenteeism, compared with other workers. Presenteeism days employees are at work but performing at less than full capacity is increasingly viewed as an important contributor to costs related to employee health.

Researchers found that men sitting at their desks more than six hours a day are nearly twice as likely to be overweight than those who sit for less than 45 minutes a day. While women fared slightly better—spending on average 20 more minutes on their feet at the office than men—researchers conclude that a sedentary job is a major health concern for both genders.


And it’s no secret that sedentary jobs (and lifestyles) have contributed dramatically to the accelerating obesity rate of the past 20 years. Put emphasis on the word ‘dramatically’—a study conducted by the University of Chicago in 2001 found that a worker in a sedentary career may end up with a Body Mass Index 3.3 units higher than someone in a highly active job. If you’re 5'5" this can mean an increase in weight from 140 pounds to 155 pounds! Well, that explains it for me!!

So what can we do?

1.
Be sure to eat. It’s easy to slog through a day of meetings, e-mails, and phone calls to discover at 4 p.m. that you haven’t eaten since breakfast. (I never have that problem!) But, your body needs energy to get you through the day. Make it a priority to have a healthy and tasty meal—along with 1-2 healthy snacks. It is not a sin to opt for such shortcuts as microwave meals, as long as you read labels to avoid items with excess calories and sodium.

2.
Compensate, compensate. Get physical to compensate for your sedentary workday. Join a gym, take an early morning run, or find time for fitness fun with your family. Buy one or two pieces of home exercise equipment that will allow you to exercise no matter what the weather. One of the gals here at work using the time while waiting for her kids at soccer practice to jog. Since their practices tend to vary locations, she get a change of scenery and it makes the time go faster for her. Way to go!

3.
Rework your network. Chances are, your friends and co-workers need help with their love handles just as much as you do. So, try some new activities that don’t revolve around food. Organize a bi-weekly volleyball game, walk during lunch, or play a quick round of mini-golf after work. Our entire office just participated in a kick-ball tournament. It was so much fun and not only health, but a great way to enjoy each other outside of the office.

4.
Bring your buddies on board. While you’re coaxing co-workers to modify those after-work habits, see if you can’t involve them in a friendly get-fit challenge during work hours. By sharing healthy potluck lunches, exchanging recipes, and providing moral support, you’ll find that getting in shape can be a team-building triumph. In the past, we have all divided up a list and bring items like fruit, healthy lunch meats and snacks like veggies. It makes it so much easier if your coworker isn't eating a big piece of chocolate cake while you're trying to stick to carrot sticks!

5.
Don’t eat due to boredom. Keep water at your desk; it’ll give your hands something to do when you’re stressed and will divert you from eating when you’re not really hungry. Staying hydrated at is very beneficial to your productivity as well. Check out the article on our blog regarding dehydration.

6.
Everything small can add up. If you want to change your life in big ways, try some small changes, like substituting a yogurt and black coffee with skim milk half the time. You’ll save about 470 calories (660 vs. 160)!

7.
Lose the technology. Modern advances are great, but do you control them or do they control you? As much as possible, take advantage of opportunities throughout the day to get up and move! Deliver that memo in person, sit on a stability ball at your desk to improve your posture, park at the far end of the parking lot for a brisk walk to your building. You’ll be surprised how quickly minor changes can improve your energy level and help you get fit.

8.
Choose wisely. Whether you normally go out for lunch or eat in, try to make your meal choices conscious ones. Learn how to eat out wisely, and remember how much better you feel come mid-afternoon when you eat healthy.
One in five Americans is obese; three in five are either overweight or obese. But sitting at a desk doesn't have to mean you’ll be just another statistic! Incorporating these simple strategies into your workday will bring you one step closer to being a healthier, more energetic you.

In the absence of Chad Snow, blog posted by April Snow, Business Manager at Snow and Carpio Law Firm. For questions regarding Workers' Compensation claims or any topics you have seen on our blog, please contact our Phoenix office @ 602-532-0700 or our Tucson office @ 520-647-9000 or contact through our website at Snow, Carpio, and Weekley.

Holiday Stress at Home...It Can Affect your Work

As we are approaching the holidays and I myself am starting to feel the stress of organizing the Thanksgiving meal and the traditional Black Friday shopping trip with all the girls in the family, I started to wonder if feeling so stressed out at home is showing at work. The answer is yes.

The holidays bring a lot of things. There is great food, awesome presents and wonderful company as you spend time with the people closest to you. But there is also the stress and sometimes negativity that often comes with the holidays.

There are also indicators that suggest the higher the stress level in the home, the less healthy and more "sick days" there are in the workplace. Not to mention that when we are stressed at home; we tend to have a shorter fuse and be less attentive when at the office.

Although work can sometimes act as an escape, the pressure to keep up with everything in your life, including your job performance can more feeling of being overwhelmed.

So before you find yourself in the middle of the holiday "swirl" and you feel as if you're being pulled in 20 different directions; try to find some ways to de-stress and relax.

Here are four simple and effective tips for doing just that.

1. Slow down.

Even if it may feel silly and if you have to force it a bit. Slow down your body, move and walk slowly. Breathe slower and more deeply with your belly (and focus on doing just that for two minutes and see what happens). Slow down your eating (this will not only help you to relax, it will also help you to not eat too much during the holidays since it takes about 20 minutes for your brain to register that you are full.)

Slow it all down and pay attention to what you are doing. Be here and now and focus on doing just one thing at a time. By slowing down, by being here now, by not having your focus split between many things, your body and your mind start to relax.

The stress you feel from doing the things does not come from the things, it comes from how you go about doing them.

2. Take it easy with those expectations.

Things take time. Especially around the holidays as stores, roads etc. are overflowing with people. It is just how it is and if you don’t accept that then it’s going to be some stressful and frustrated days ahead. Take this into consideration when you make practical plans. Realize that things may take longer than you originally planned for. And realize that even though that Christmas etc. is supposed to be a sort of perfect time of the year nothing will ever be perfect (not for long at least).

Striving for or expecting perfection can be pretty dangerous. Because you will never feel like what you do or what you get is good enough. Even though what you do, for example, is just fine 90 percent of the time you still feel let down inside like you are not OK. This robs you of enjoying your holidays.
You have set the bar at an inhuman level. If you expect perfection around the holidays – or around any time of the year – then your self esteem will stay low, your stress levels will shoot up and you will feel disappointed even though things may have indeed been very good overall.

3. Tap into gratitude.

Where you put your focus does to a large degree determine how you feel and think. Focus on the stress and how hard everything is, and you will feel and think about just that. Focus on the positive things in your life right now and you will feel a lot better and think happier thoughts. Your day becomes lighter and brighter.

One of the quickest ways to shift your focus is simply to appreciate the positive things in your life right now. To be grateful for what you have.

Two ways of doing that are:

The two minute exercise. If you’re feeling negative or stressed out use just two minutes in your day to reflect upon things that you are grateful for. It’s a small and quick thing to do but it can have a big effect on your mood – it’s hard to not feel like smiling after those two minutes – and how you view your life. Ask yourself: “what can I appreciate in my life right now? and “what can I be grateful for that I may have been taking for granted this year?”.

The gratitude journal. Basically the same exercise as above. But here you quickly jot down 5 things you are grateful for in a journal. Do this for a few minutes each day or each week. Review the journal whenever you feel the need. Very simple but effective.

4. Take a break.

Working nonstop can sour your mood and stress anyone out. Slow down but also remember to take breaks. Take 20 minutes or half an hour to just rest. Take a walk in the crisp and cold winter landscape. Escape via music, a book you have that you may have never finished or by watching classic holiday movies/TV. I usually watch Elf or A Christmas Story. Both are great for a holiday chuckle and watching them every year with the family has become a tradition.

Do something that snaps you out of the working, shopping and preparing mindset, even if it is just for while. That short change in scenery and change of mental head space may be all you need to feel revitalized again.

The whole point to the holidays is to share and enjoy our time with family and friends and to have a good time. Remember that the holidays are more than the perfect table settings at Thanksgiving or the perfect gift at Christmas. Stop and remember the true meaning of the holidays.

Enjoy your holidays......

Snow, Carpio, and Weekley

In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Bullying...Not just a problem with kids in school!

Bullying is something we all hope not to have to deal with much beyond the eighth grade. Unfortunately workplace bullies are a problem many people face. Unlike playground bullies who often, not always, resort to using their fists, workplace bullies generally use words and actions to intimidate their victims.


A workplace bully may be your boss or your co-worker. No one should ever make you feel uncomfortable at work. If you are a victim of bullying in your workplace consider speaking to someone in the human resources department for help in dealing with it.

If you would like to try to deal with this situation before you report it, here are some tips. If you are being physically threatened don't waste a minute before you report it to both your employer and the police.

If you are dealing with a workplace bully:


•Seek the advice of a trusted mentor who may have dealt with this situation before.

•If you can, confront the bully in a professional manner, but only if your physical safety isn't threatened. Don't sink to his or her level. Stay as calm as possible. Don't yell or threaten. Often bullies are looking for this type of confrontation and it will encourage them to come back for more. Don't cry or show weakness either. That's usually what the bully is after in the first place.

•Don't try to win over other people to your side. The way in which you handle the situation will allow them to make their own judgements.

•Don't allow the bully to intimidate you or make you feel bad about yourself. You know your true worth. Don't forget what that is.

•Do your job and do it well. The workplace bully wants you to fail and when you don't he or she will be defeated.

•Make sure your superiors are aware of your work. Workplace bullies often try to spread the word that your are not doing your job well and will even go as far as to report the smallest infractions to your boss. Your actions will carry more weight than his or her words.
If all else fails, decide whether or not a job transfer is appropriate (if available) and if not, whether or not you are ready to seek other employment to alleviate the stress in your life.

If you are injured or know of somebody who has been injured; the attorneys at Snow and Carpio, PLC are glad to sit down and speak to you at no cost about your case. For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, Carpio, and Weekley, PLC at 602-532-0700 or 520-647-9000.


In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Most Common Safety Violations



I was trolling around the Industrial Commission Site and I cam across the 20 most common citations for safety. It's pretty interesting if you look at some of them because it is very easy to be in compliance and yet so expensive to have an accident.

Most cases that we see here in our office could have been prevented. Whether it's lack of fall protection that prevented the roofer from falling off a roof  or a simple Lock-Out/Tag-Out procedure that takes a few moments but can save somebody from being electrocuted or losing a finger.

Safety is so important. Both as an employer and an employee.

Here's the list for you to check out.
The 20 standards most frequently cited by ADOSH

Note: 1926 indicates a violation of a construction standard, 1910 a general industry standard.

Standard Description Citations

1910.1200 Hazard Communication 338

1910.305 Wiring methods, components 209

1910.157 Portable fire extinguishers 179

1910.134 Respiratory protection 138

1910.178 Powered industrial trucks 131

1910.303 Electrical, general requirements 131

1910.212 Machine guarding, general requirements 93

1910.215 Abrasive wheel machinery 86

1926.501 Duty to have fall protection 73

1910.179 Overhead and gantry cranes 72

1910.132 PPE, general requirements 63

1910.213 Woodworking machine guarding 62

1910.1030 Bloodborne pathogens 59

1904.01 Recordkeeping 52

1910.22 Housekeeping 49

1910.219 Power transmission guarding 47

1904.32 Annual summary, 300 log 46

1926.451 Scaffolding, general requirements 46

1910.23 Floor/wall opening guarding 44

1910.37 Exit route maintenance 39

Now, as a previous business owner and employer, I can tell you that there are a few items on this list that require little/no effort. For example; PPE (general requirements), that means Personal Protection Equipment and is referring to safety devices for your employees such as safety glasses to protect eyes, ear plugs to preserve hearing, gloves to protect hands from materials and/or equipment and also the red vests that should be worn if your employees are in an area where there is forklift activity so they will stand out and the forklift driver can easily identify and see them. These very inexpensive items all flow into the PPE area and there is no reason why an employee should not be providing these safety tools for their employees. The citation fine is probably 5x the amount they would have spent in the first place.

Another example would be the Annual Summary. There is no fee associated with this unless you employ a full time Safety Director, in which case this should be a simple task that he/she should be completing as part of their job. But on the norm, for small-mid size companies, the owners are probable handling this task and it doesn't cost you a penny to complete your OSHA 300 log. Yes, it takes a little bit of time but, if you are recording everything as it happens through the year, it's a very easy and simple task to complete.

Employers need to get out of the mindset that ADOSH and other safety entities are here to make their lives more difficult and instead understand they are around to ensure the safety of the employees. I remember having a sinking feeling every time they would walk through the door because I knew it would mean some sort of fine or write-up; but in retrospect, they weren't that difficult to deal with and most of the things we needed to bring up to par were very simple things that because we did not stay on task, it cost us in both time and money.

For employees; I know that the biggest complaint I used to get from my manufacturing employees was that it was too hot to wear the safety glasses in the summer and that the gloves made it hard to grip sometimes. But in the end, these Personal Protection Equipment and devices are put in place to ensure your safety.

I can tell you from my experience working here at the Snow and Carpio Law Firm over the last 2 years that most of our clients would love to go back to when their injury happened and rewind for just 2 second so they could have a do-over and not get injured. Whether it's a minor injury that does not result in loss of time at work or a major incident that leaves a person unable to return to their job and even their career; not one of them would give up the chance to go back and have that accident and injury go away.

So take a look around you and see if there are safety issues. whether you are an employer or an employee, point things out, make sure to talk about safety.

If you are injured or know of somebody who has been injured; the attorneys at Snow, Carpio, and Weekley PLC are glad to sit down and speak to you at no cost about your case. For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio, PLC at 602-532-0700 or 520-647-9000.


In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.





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Most Dangerous Jobs

From Risk Management Magazine:

According to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.

Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and ranchers (41.4), and mining machine operators (38.7) rounded out the top five occupations with the highest fatal work injury rates. To put these numbers in perspective, the fatal work injury rate for all American employees in 2010 was only 3.5 per 100,000 workers.

For sheer numbers, more truck drivers and delivery workers (683) died on the job than those in any other profession. This equated to a fatality rate of 21.8 due to the much larger workforce in this category. The mining industry was particularly hard hit in 2010, as multiple deaths from the Upper Big Branch mine and Deepwater Horizon oil rig explosions helped increase fatalities by 74% over 2009 and inflate the fatality rate from 12.4 to 19.9.

Overall, the Bureau's Census of Fatal Occupational Injuries determined that 4,547 workers were killed on the job in 2010, an amount virtually unchanged from 2009 when 4,551 fatalities occurred. This figure, however, was still low enough to make 2010 the safest year on record, representing a 25% decline in deaths since the census was first conducted in 1992.

TOP 10 MOST DANGEROUS JOBS IN 2010(with fatal work injury rate)

1. Fishermen -- 116.0

2. Logging workers -- 91.9

3. Airplane pilots and flight engineers -- 70.6

4. Farmers and ranchers -- 41.4

5. Mining machine operators -- 38.7

6. Roofers -- 32.4

7. Sanitation workers -- 29.8

8. Truck drivers and delivery workers -- 21.8

9. Industrial machine workers -- 20.3

10. Police officers -- 18.0

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, Carpio, and Weekley, PLC at 602-532-0700 or 520-647-9000.


In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Workers' Compensation Tip of the Day:

The injured worker must apply in writing to the ICA requesting permission to be out of the state of Arizona for any period exceeding fourteen days. The ICA issues an award either approving or disapproving the request. If approved, the claim continues to be processed in accordance with Arizona Workers’ Compensation Law.

If you fail to get approval prior to leaving the state, the insurance company may suspend your benefits

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow, Carpio, and Weekley, PLC at 602-532-0700 or 520-647-9000.


In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

How to Describe Your Work Injury

To help your medical providers to properly document the history of your work injury, you should provide them with a one sentence history they can write down, such as: “On February 2, 2010, I hurt my neck, left shoulder, and right knee when I fell down a flight of stairs at work.” Keep it as concise, consistent, accurate, and as simple as possible.

Being injured and in pain can be a stressful time in your life. Oftentimes during this confusing period after the accident, your pain complaints and treatment may be focused to one area of the body, but with other injured areas possibly mentioned and not treated. All injuries may not have been discussed or, at least, noted at the emergency room visit or subsequent doctor visits due to embarrassment, a stoic demeanor, a desire to protect the employer, or a focus on the primary injury.

If all injuries that you believe relate to your work injury were not listed on the initial medical notes, make an appointment with that doctor or another doctor to have him or her examine the other parts of your body. Also, you should tell your employer what you believe to be the initial injuries and what you believe to be part of the entire claim. Inability to have a paper trail documenting all of your injuries could impact what injuries are covered, both for wage loss and medical purposes, with catastrophic unforeseen results.

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.

In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Workers' Compensation Tip of the Day:

In cases where the person needs in home health care, the carrier can pay a family member to do it in place of a professional caregiver.

Often my seriously injured clients cannot take care of basic necessities such as:

• bathing

• dressing

• meal preparation

• driving

• cleaning

Many clients are surprised to learn that their husband, wife or significant other can ask for payment for "attendant care" of an injured worker at home.

 

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.

In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

Workers' Comp. Tip of the Day

To anyone bringing in significant income from tips, commissions, or bonuses,

KEEP GOOD RECORDS

in the event that you are one day injured and have to pursue a workers' comp case!

You see, many times servers and bartenders and other workers who bring in significant income from tips end up experiencing improper wage calculations and mis-calculations of benefits owed when in pursuit of workers' comp cases. The same is true for workers who work off commissions or receive large bonuses.

This is another reason why it pays to have a workers' comp attorney helping you with your case – we see these situations often and can help you maximize your benefits. The insuracne carriers would love to pay your benefits at a lower rate but why not get what you are truly entitled to?

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



In the absence of Chad Snow, blog posted by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC

Workers' Compensation Fraud

I always find it interesting when I am reading monthly newsletters or periodicals in the Workers' Compensation industry of how rampant fraud is and the extent of what some people go through to commit the fraud.

One of the things we always go over with our new clients is surveillance. At any given time, the carrier can hire somebody to watch you and photograph your activities. We've spoken about it before on this blog. If you say you can barely walk due to your injuries, make sure your not working out at your local Zumba studio with all your girlfriends..... or ATV riding with your buddies!

Check out these cases below:

Dr. Imitation


Dr. Imitation claimed she cut her ankle and leg after tripping over a pallet. Additionally, she said she was being treated by a physician and was paying the costs herself. Dr. Imitation provided WCF with medical bills and other documentation, and asked to be reimbursed for almost $6,000 in medical services and $8,500 in lost time benefits.WCF discovered Dr. Imitation submitted 15 false, forged documents and bills from a fictitious doctor. The plan was even enhanced by setting up a post office box solely for this correspondence exchange. Dr. Imitation pleaded guilty to workers compensation fraud. WCF saved more than $23,000 in medical and lost time benefits.

The Pilot

As a hang glider test pilot, The Pilot enjoyed a challenge. While demonstrating a product to a group, the aircraft malfunctioned and plummeted. Luckily, he had a parachute and was able to make it safely to the ground, except for a dislocated shoulder. For the next two years, The Pilot claimed his arm was too severely injured to return to work. Physicians tried every available treatment with no success. In the meantime, The Pilot decided to move to sunny, southern California. After a tip from a former employer, surveillance video showed him parasailing off cliffs at Torrey Pines Glider Port in La Jolla, California. WCF asked The Pilot to return to Utah for an independent medical exam. At the exam, he told the physician he could not open his car door because of his shoulder pain. After seeing the surveillance, the doctor released The Pilot to go back to work. Subsequently, The Pilot pleaded guilty to workers’ compensation fraud. WCF saved almost $120,000 in medical and lost time benefits.

The Hunter

As an ironworker, The Hunter injured his knee when he slipped at work. The injury seemed to get worse over time and he told the doctor he could not walk five feet. Surveillance caught The Hunter mowing lawns, trimming hedges and doing other yard work without any hint of pain. After the yard work, he complained again to the doctor about pain. Within a week, the Hunter loaded an ATV into a trailer and drove to a local canyon. While there, he unloaded the ATV, drove it around on unimproved dirt roads, and hunted for 12 hours. The Hunter was convicted of workers compensation fraud. WCF saved almost $15,000 in medical and lost time benefits, and restitution.

Mr. Basketball

Mr. Basketball was a nursing home health professional who claimed to injure his back while lifting a patient. After significant rehabilitation time, he said the injury was only getting worse. The pain was so intense he couldn’t even walk to the mailbox. However, surveillance video showed Mr. Basketball could not only walk to the mailbox, he could play basketball like Larry Bird. He was running, dribbling, shooting and scoring to help his team win. Mr. Basketball was convicted of workers compensation fraud. WCF saved more than $48,000 in medical and lost time benefits, and restitution.

The Cowboy

After injuring his back working as a plumber, The Cowboy claimed he could not tie his shoes or clean his house, let alone work. With such an aggravating injury, a doctor performed back surgery and The Cowboy stayed off work. But, this did not affect his participation in a nine-day Pony Express re-enactment. After grooming and saddling his horse, The Cowboy rode up to five hours a day on a trip from Missouri to Utah. His picture was even in a local paper at the end of the marathon ride. Later, surveillance video showed The Cowboy participating in a rodeo. After the rodeo, The Cowboy said he still could not work due to the surgery. He told the claims adjuster, “Say I go ride a horse for even a half hour, get off and put it away, I’ll spend the rest of the day in pain, severe pain.” During this same discussion, he was asked about the Pony Express ride. The Cowboy’s response –“Is it against the law to take a vacation?” The Cowboy was convicted of workers compensation fraud. WCF saved more than $75,000 in medical and lost time benefits

The stories above were found on the Workers' Comp Fund Website out of Utah and while they are humorous to read, the cost to investigate, pursue and prosecute fraud can run a carrier millions of dollars.

The attorney's at Snow, Carpio, and Weekley are dedicated to helping those who have legitimate claims. Any client found to have misrepresented himself or the events or extent of their injury are immediately discharged as clients.

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

In the absence of Chad Snow, blog posted by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC

2010 CENSUS OF FATAL OCCUPATIONAL INJURIES

The Industrial Commission of Arizona released it's 2010 Census of Fatal Occupational Injuries. While no report is "great" until we can read about zero fatalities for the year, it was especially nice to read that workplace fatalities were down in 2010 over 2009.

Also identified in the data were Arizona’s three leading causes of work-related fatalities in 2010.

They were:


• Transportation fatalities, which include highway, pedestrian, rail and aircraft accidents;
• Assaults and violent acts;
• Falls

There were approximately 3.13 deaths in Arizona for every 100,000 workers in the state’s workforce in 2010.

For the employers out there; Workplace fatalities can be avoided. There are many resources to assist you with workplace safety and employee training. There are companies you can hire to come in, evaluate and implement a safety program if you don't have the time. And/or there are informative safety libraries that can be purchased for monthly safety meeting with your employees. Keeping your employees trained and your workplace free of safety hazards will save you money in the long run and the potential loss of employees due to injury or death.


For employees; Survey your surroundings and don't rely on somebody else to provide your safety zone. Look around, make sure you are aware of both present and potential dangers and if you find some, REPORT THEM TO YOUR SUPERVISOR IMMEDIATLY. Your work has an obligation to correct the issue before anybody gets hurt. Keep your eyes and ears open at all times and most accidents can be prevented.
 
If you have been injured, consult an attorney who specializes in Workers' Compensation Law (I can recommend a great firm!) so that you can make sure you are receiving all benefits you are entitled to.
 
Chad T. Snow and his associates at Snow, Carpio, and Weekley are workers compensation attorneys in Phoenix and Tucson, Arizona.  He can be reached at his offices at (602) 532-0700, (520) 647-9000.
 
In the absence of Chad Snow, blog posted by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC

With sympathy...

Joseph Chandler McDaniel Obituary: View Joseph McDaniel's Obituary by The Arizona Republic

Snow, Carpio, and Weekley

Save the Date

Annual Holiday Celebration

December 8, 2011

4:30-7:30pm

Food, Mariachi's, Cocktails and Fun!

Invitations to arrive in a mailbox near you 

no later than November 01, 2011

Snow, Carpio, and Weekley

CAN YOU FILE FOR WORKMANS COMP AND SOCIAL SECURITY BENEFITS AT THE SAME TIME?

Yes, you can file a claim for Workman's comp and social security disability benefits simultaneously. The two benefit systems are completely separate and distinct (ssd is a standardized federal program while workers compensation laws may differ state to state).

However, an individual seeking both types of benefits may gain advantage from the input of a workers compensation attorney since "timing issues" (as regards an ssd claim) can, in some cases, affect a workman's comp claim.

Snow, Carpio, and Weekley can handle both your Workers' Compensation and Social Security Disability claims. For a FREE consultation, pleae contact our offices at either 602-532-0700 Phoenix or 520-647-9000 Tucson.

 

 

In the absence of Chad Snow, blog posted by: April Lang, Business Manager @ Snow and Carpio, PLC

Welcome to our new employee....

Snow and Carpio is pleased to announce 

a new addition to our staff.

"Julia" will be starting on Wednesday September 21, 2011

as our new Front Office Receptionist.

We look forward to posting an employee profile soon so you can put a face to a name!

Workers' Compensation Seminar - Prescott, AZ

Attorney Snow will not be posting any blogs for the remainder of week.

He is currently attending the State Bar of Arizona Workers' Compensation Seminar in Prescott, AZ.

Thank you for you patience and we look forward to his return and future blogs.

Snow, Carpio, and Weekley

God Bless America

Snow and Carpio remembers those lost 10 years ago on Sunday and prays for unity, tolerance and love during this time of retrospect. In memory of those who perished; we remember you, and we will never forget.

And for those who serve, have served or have given the ultimate sacrifice for our country and it's protection, we thank you.

God Bless America

Affidaviting Judges at ICA

A new workers comp attorney recently asked about the rule that allows a peremptory strike of a judge assigned to an Arizona work comp claim. Rule. Allows you to "Strike" a judge and ask for a new one upon a showing of "bias and prejudice". No actual evidence of bias is required. Earlier in my career I used to regularly affidavit judges who I thought had rendered bad decisions - I guess I thought it would punish them!!!
I've learned with time that all of the judges at the ICA are generally very fair and striking them doesn't really accomplish anything. Occasionally I'll remember that a certain judge doesn't like a certain doctor or I'll have a client who I think will rub a certain judge the wrong way and I may in very limited circumstances affidavit them.

Hernia Injury On the Job In Arizona

Very few Arizona workers compensation attorneys will take hernia cases.  The reasons are that they are one of the only types of traumatic injuries with special rules in the statutes limiting how much compensation can be recovered by the injured worker. 

There are two types of hernias classified in the Arizona Workers Compensation Act:  (1) real traumatic hernias; and (2) all other hernias.  Real traumatic hernias are defined as "an injury to the abdominal wall of sufficient severity to puncture or tear the wall such that the abdominal viscera protrudes.  Obviously, all other hernias, are those that don't fall into the first category.  Generally speaking, to prove a traumatic hernia, the injured worker needs to prove that the hernia was sustained in the course and scope of employment, that the descent of the hernia occurred immediately following the cause, and was followed by severe pain and immediately reported to another person. 

In cases of nontraumatic hernias, compensation is limited to two months.  If a worker can prove that a real traumatic hernia has resulted, then temporary and permanent compensation can be paid if the worker can prove that a loss of earning capacity has resulted from the hernia. 

More specific information can be found at A.R.S. § 23-1043. 

Snow and Carpio also has a packet of information for hernia cases.  If you would like a free packet, please call our office at (602) 532-0700 or in Tucson at (520) 647-9000 or visit our website at Snow, Carpio, and Weekley.

Recall Pearce Reception and Fundraiser

                                  Recall Pearce

Reception and Fundraiser

Thursday 08/25/11 @ 5:30pm

Appetizers and Refreshments will be served

Snow, Carpio, and Weekley PLC Offices

55 E. Thomas Road, Suite #100

Phoenix, AZ 85012

Sunnyside Charity Golf Tournament 08/20/11

Snow, Carpio, and Weekley

Chad Snow on Horizonte on Aug. 19, 2011

Snow, Carpio, and Weekley

Man Impersonates OSHA Inspector and Demands Money from Businesses

I found an interesting article recently on the ICA website.  Apparently, a man has been visiting local businesses posing as an OSHA inspector and claiming to find violations.  The man displays some official looking documents and claims to be a compliance inspector.  Claiming to find a violation, he demands payment and offers a discount if payment is made immediately in cash. 

The Arizona Department of Occupational Safety and Health (ADOSH) states that a compliance officer will always be able to show credentials (like a police officer) and would never issue a citation in the field or ask for money (DUH!!!)  Not the best scam I've heard of this week, but creative nonetheless. 

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

More Kudos to Alex Carpio



Chad Snow and Alex Carpio

Fresh on the heels of his being selected as one of the Hispanic Forty Under Forty Leaders in our community, congratulations to my partner, Alex Carpio, for his victory as General Counsel in one of the most covered court cases in Arizona this year, Ross v. Bennett.  The Ross case was Senate President Russell Pearce's feeble attempt to keep the November 8th Recall election ordered by Governor Brewer from going through.  As soon as the suit was filed, Alex stepped forward to serve as counsel for the Citizens for a Better Arizona committee.  He was later joined by seasoned trial attorney Tom Ryan, who argued the case in oral arguments before Superior Court judge Hugh Hegyi.  Carpio and Ryan had previously filed a Motion to Dismiss the case in its entirety - which motion was granted by Judge Hegyi, who didn't even need to take evidence in the case.  Attorneys for Pearce have already indicated that they will appeal the ruling to the Arizona Supreme Court, which is expected to rule well before the September 23rd deadline for the County Elections department to print the ballots.  Carpio and Ryan are confident that the Supreme Court will reach a similar conclusion in the case, and that the historic election will go forward as scheduled. 

When he's not arguing Supreme Court cases or being an up and coming leader in the Hispanic community, Alex is fast becoming one of Arizona's most well respected Workers Compensation applicant's attorneys.  I'm proud to have him as my law partner and friend. 

Chad T. Snow and X. Alex Carpio are the principal partners in the Arizona Workers Compensation firm of Snow & Carpio, PLC.  The only Arizona workers comp firm with offices in Phoenix and Tucson, Chad and Alex can be reached at (602) 532-0700 or (520) 647-9000 or on their website at Snow, Carpio, and Weekley.

Industrial Commission Ombudsman for Injured Workers in Arizona

Many injured workers are not aware that the Industrial Commission of Arizona has an Ombudsman to answer general questions about work injuries in Arizona.  The Ombudsman can direct injured workers to forms, services, and procedures at the Industrial Commission, but cannot give legal advice.  The Ombudsman helps over 6,000 injured workers a year and can be reached at (602) 542-4538 or (800) 544-6488. 

While the Ombudsman can be very helpful with general information, they cannot give any legal advice or inform injured workers about their options with regard to medical treatment or settlement of their claims.  If you have questions about your work injury, you should contact an attorney who practices Workers Compensation.  At Snow & Carpio, we offer a free consultation, and are always glad to meet with injured workers even if they don't need our services to apprise them of their rights.  We can be reached at Snow, Carpio, and Weekley or (602) 532-0700 or (520) 647-9000 in Northern Arizona. 

Congratulations to our Firm Partner X. Alex Carpio.....

...for being nominated and selected for recognition as one of Arizona's finest Latino Leaders

at the

2011 40 Hispanic Leaders Under 40 Awards

presented by

Blue Cross Blue Shield of Arizona.

Alex will receive his recognition at a luncheon at the Arizona Biltmore Resort and Spa on September 21st.

Congratulations Alex!!

Snow, Carpio, and Weekley

Industrial Commission of Arizona Claims Seminar

This Thursday and Friday, August 11th and 12th, the Industrial Commission of Arizona will hold their annual claims seminar.  The seminar will be held at the Wigwam Resort and Spa in West Phoenix.  The Thursday schedule is filled with presentations by Industrial Commission employees on issues including claims processing, notifications, average monthly wage, and the administrative hearing process.  The second day is dedicated to discussing new legislative and judicial developments in the area of Arizona workers compensation law. 

The claims seminar is informative for people just entering the workers compensation field and has good information for legal support staff, medical office staff, claims representatives, and anyone who works with or around injured workers.  More information can be found on the Industrial Commission's web page at http://www.ica.state.az.us/Claims/Seminar/Claims_2011Seminar_InfoLtr.pdf

Chad T. Snow is a worker comp attorney in Phoenix and Tucson, Arizona.  He can be reached through his firm web site at Snow, Carpio, Weekley or by e-mail at chad@snowcarpio.com 

To Settle or Not to Settle in AZ Work Comp Claim

One of the most important things we do as Arizona workers compensation attorneys is helping clients decide whether and when to settle their case.  Arizona work injury claims can be settled by a process called a Compromise and Settlement Agreement.  Usually, there is a requirement that a bona fide dispute exists between the parties to settle a case. 

Sometimes cases are settled at the compensability level, before the claim has been accepted by the insurance carrier.  If there is a decent chance that you will lose your claim, this may be a good option - as the saying goes, a bird in the hand is worth two in the bush. 

Other issues that settle include an injured workers' entitlement to permanent benefits.  This is essentially negotiating a lump sum payment from the insurance carrier in lieu of permanent monthly payments.  I call this the quick nickel over the slow dime.  Many times the insurance carrier wants to settle the injured workers' entitlement to supportive medical care at the same time. 

Some issues in a work comp claim can be handled without an attorney.  Settling a case is DEFINITELY NOT one of them.  You should consult with an Arizona Workers Compensation Attorney prior to talking to the insurance company about settlement.  Many factors go into determining how much your case is worth and what rights you are bargaining away. 

Chad T. Snow is an attorney in Tucson and Phoenix Arizona who handles workers compensation and Social Security disability cases.  He can be reached through his website at Snow, Carpio, and Weekley or by calling (602) 532-0700 OR (520) 647-9000. 

Welcome....

Welcome to the newest member of the Snow, Carpio, and Weekley family!


Bernadette Guzman joins the firm as the Litigation Paralegal for Chad Snow.

Snow and Carpio is a Proud Sponsor.....

...of this year's Golf Tournament on August 20th at Starr Pass resort in Tucson.

Check out the link to the Sunnyside Foundation for more information for participating or contributing.

Compliments of Snow, Carpio, and Weekley

Can Wages from Self-Employment be Included in Work Comp Payments?

I recently had a potential client where the injured worker worked for very short, intense periods with the Employer, during one of such periods he injured his right shoulder.  During the times he wasn't working for the Employer, he would work for himself. The carrier set the wage based only on the wages earned during the prior year with the Employer.  The injured worker wanted to include his wages earned during periods of self employment. 

Unfortunately, the law in Arizona is well settled that only concurrent wages from "covered" employment can be included in the calculation of the average monthly wage.  This means that the other employment must be covered under the workers compensation Act to be eligible for inclusion in the average monthly wage.  Since the injured worker didn't carry workers compensation insurance on himself in the self employed job, it would not be considered covered, and was not able to be included in the calculation of his average monthly wage for purposes of workers compensation benefits.  It is unfortunate for him because his industrial injury precludes him from doing even his self employed work now and he will not be compensated for the wages lost from that work as a result of his industrial injury. 

The rationale behind this policy is to encourage all workers to carry, or work for employers who carry, workers compensation insurance. 

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

How Long Does Insurance Co. Have to Send Me My Check In AZ Work Comp Claim

As I've discussed in other posts, there are several types of compensation in an Arizona Work Injury claim. The most common is temporary total or temporary partial compensation, which is comp that is paid while the injured worker is receiving active medical care and is either on a no work status or light duty status respectively.

The general rule for how long an insurance company has to send the injured worker his or her check is 3 days after the due date of the check if the carrier is in the state of Arizona, and 5 days if they are outside the state. For example, if you are on an off work status and the last day of the 14 day pay period is July 27th, an in state carrier should have your check to you by July 30th and an out of state carrier by August 1st. If a carrier is persistently late in getting your check to you on time, you can file a complaint of bad faith and/or unfair claims processing with the Industrial Commission.

For more information about late compensation payments and bad faith complaints, contact our office at Snow, Carpio, and Weekley.

Chad Snow on Internet Radio Talk Show with Andre Controversa

In case you missed Chad Snow of Snow, Carpio, and Weekley last Thursday, here is the link to listen to the show.

Listen to internet radio with Andre Controversa on Blog Talk Radio

Should Russell Pearce be recalled 07/21 by Andre Controversa | Blog Talk Radio

Chad Snow to be on the following talk show tonight speaking about the Pearce Recall.


Should Russell Pearce be recalled 07/21 by Andre Controversa Blog Talk Radio

Sunday Squareoff with Chad Snow

Snow, Carpio, and Weekley

Gabby Giffords and Federal Workers Compensation Claims

I found an interesting article recently which indicated that since her injuries were sustained in the course of her employment, U.S. Rep. Gabrielle Giffords' injuries were being covered not by her Congressional Health Insurance, but through the Federal Employee's workers compensation system. 

Federal employees are some of the only workers in Arizona whose injuries are not covered by the Arizona Workers Compensation Act.  The federal government has set up a separate system of insurance for its employees, known as the Federal Employees Compensation Act.  The article suggests that the federal work comp system is somewhat more liberal than most state systems, although they have many similar features.  Both the federal and most state systems operate under the same priniciple - that all on the job injuries will be compensated while the worker relinquishes the right to sue the employer. 

I am not currently aware of any attorneys in Arizona who handle federal workers compensation claims.  We refer all inquiries to Max Gest in California at (310) 553-2700. 

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

New Ad Campaign - Is It Too Much?

I was looking this morning for something to write about on the blog since Attorney Snow has been busy with hearings and I came across this new work safety campaign out of California. It took me by surprise and made me ask, is it too much?

I know they are trying to make a point with how easy injuries can be avoided, and yes; they are trying to avoid serious injuries and even death... but is it too graphic?

Take a look and tell us what you think.

Snow, Carpio, and Weekley

In the absence of Chad Snow, blog posted by:
April Lang-Snow, Business Manager @ Snow and Carpio, PLC

Can Workman's Comp Carrier Tell Me Where to Get My MRI?

An issue I've run into quite a bit recently is that of carrier's trying to direct injured workers to facilities of their choice for diagnostic tests such as MRI's and doctors of their choice for EMG studies.  As I've posted on here several times, one of the most important and fundamental rights of an injured worker in Arizona is the right to choose his or her own treating doctor.  While the Workers Compensation Act allows the carrier to have the injured worker examined "periodically" by a physician of their choosing, I don't think that extends to choosing where diagnostic procedures are done and by whom.  Especially in the case of a semi-invasive procedure such as an EMG study. 

I recently filed a Motion for a Protective Order in one of these cases and the Administrative Law Judge at the Industrial Commission agreed.  Her order relieved the applicant of any duty to attend the studies that had been scheduled by the carrier and instead indicated that the treating doctor has the right to decide where and by whom diagnostic studies are done. 

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona.  For more information on workers compensation claims in Arizona, you can reach Chad through his website at Snow, Carpio, and Weekley, or by calling the offices at (602) 532-0700 or (520) 647-9000. 

Rules for Employers Regarding Workers Compensation Coverage

Although our firm represents only injured workers, I'll give a little time to providing information for EMPLOYERS regarding their obligations with regard to work injuries and work comp coverage. 

Under the Arizona Workers Compensation Act, it is mandatory for employers to carry work injury coverage for their employees.  Workers compensation coverage can be purchased from any insurance carrier licensed by the State Department of Insurance to sell work comp policies in the state.  A list of eligible carriers can be found by contacting the Dept of Insurance at (800) 325-2548 or on their website. 

Some larger employers who meet certain stringent criteria set by the Industrial Commission can self insure themselves for all work injuries.  Employers are required to carry this coverage regardless of the number of employees they have, and even if their employees are minors, family members, aliens, or part time. 

Employers are also required to display in a conspicuous place in the workplace those bland signs that inform employees that the employer carries workers compensation coverage and of the employee's right to reject coverage if they so choose.  Frankly, I've worked in dozens of places and have now practiced workers compensation law for 12 years, and I've never read that sign in my office break room.  An employer cannot force its employees to opt out of the workers compensation system, nor can it have its employees pay even a part of the workers compensation premiums.

If an Employer is notified of an injury to one of its workers, it is required by law to provide the worker with certain information about the employer's insurance carrier, policy #, etc.  It is also required to notify the Industrial Commission within 10 days (although in practice that rarely happens).  If a fatal injury occurs, the Employer must notify the Industrial Commission as soon as possible "by telephone or telegraph".  I wonder if the ICA maintains an up to date telegraph in the event of such a reporting........

For more detailed information on Employer's Rights and Responsibilities in work comp claims, go to the ICA website page dedicated to such questions at http://www.ica.state.az.us/Claims/Forms/Claims_FAQs_WorkersCompensation.pdf

Chad T. Snow is a workers compensation attorney in Phoenix and Tucson, Arizona.  He can be reached at his offices at (602) 532-0700, (520) 647-9000, his website at Snow, Carpio, and Weekley, or by telegraph at - just kidding, he doesn't have a telegraph.