Friday, March 17, 2017

VA Disability vs. Social Security Disability

VA Disability vs. Social Security Disability
By Nicholas Wearne, Associate Attorney


While I am not completely familiar with the process of applying and acquiring Veteran’s Disability Benefits, I have many clients who have applied for and obtained VA disability benefits.  

The law states that the judge is supposed to take the approval of Veteran’s Disability Benefits into consideration when making a determination regarding Social Security Disability Benefits.  

While the law merely says the judge has to take it into consideration, my experience is it tends to hold a lot of weight with them.  If are a disabled veteran and want to apply for Social Security Disability Benefits as well, contact Snow Carpio and Weekley for a free consultation.

Friday, March 10, 2017

Injured While Traveling For Work Outside of Arizona

Injured While Traveling For Work Outside of Arizona
By Diana Robles, Associate Attorney

          You may bring a workers compensation claim in Arizona in any of these three situations:  1) you reside in Arizona; 2) if the company you work for is headquartered in Arizona; or, 3) if you are injured at work while you are traveling outside of Arizona.  

If you are injured out of state, you have a right to bring that claim in the state where you were injured, or wherever the company you work for is headquartered.  Individual states have varying laws that outline the workers rights in that state.  Once a claim is filed in a particular state, that state’s laws would govern the case.  

So it would be impermissible to request that a matter which had previously been filed in a different state to be transferred to Arizona.  If the employer has filed the matter in a different state, you are subject to the laws and rules of their workers compensation system and if you need help you must contact an attorney licensed to practice law in that state to help you with that matter.  

If you were injured while you were traveling outside of Arizona contact an attorney right away to determine what would be the best way to handle your claim.


Friday, March 3, 2017

Re-opening Your Claim


Re-opening Your Claim
By Dennis R. Kurth, Associate Attorney
Certified Workers' Compensation Specialist


One of the best features of the Arizona Workers’ Compensation law for claimants is the right to reopen a closed case for active medical treatment and temporary compensation anytime during the injured worker’s lifetime.  The statute requires that, in order to reopen a case, the claimant must prove that he/she has some new, additional or previously undiscovered condition and some objective, positive findings on clinical examination or imaging studies that are related to the original injury and were not present when the case was closed.

The ability to reopen an old case is very important to the injured worker whose knee has deteriorated over time and has developed severe arthritis since an industrial meniscectomy or whose back or neck has developed arthritis (‘adjacent level disease”) above or below the level of a fusion surgery.  In these examples there is usually a chain of causation from the original injury and surgery to the subsequent degenerative condition.  Such connection must, of course, be established by competent medical evidence.

Once these cases are reopened the claimant is able to have treatment, including surgery, completely paid by the workers’ compensation carrier and can again receive temporary and later, permanent, compensation indemnity benefits paid for any attending disability.  It goes without saying, of course, that carriers usually resist reopenings and put claimants to their full burden of proof.

While generally, one might think that a subsequent and independent traumatic injury to some body part previously injured on the job and treated surgically might not sustain reopening of the worker’s compensation case, that is not always the case and workers’ compensation practitioners would do well to acquaint themselves with the law in that regard.

In a seminal case[1] from many years ago an injured worker tore a meniscus in his knee and underwent a meniscectomy.  Several months later, while playing frisbee with his friends, the claimant tore his anterior cruciate ligament and needed surgical reconstruction. The carrier denied liability for the torn ligament and surgery.

The claimant’s doctor testified that, while playing frisbee caused the torn ACL, it would not have occurred had the knee not been weakened by the meniscectomy.  He also, along with the claimant’s physical therapist and frisbee teammates, testified that it was not unreasonable for the claimant to have been playing frisbee despite the prior surgery.

According to the Arizona Court of Appeals, the claimant had established a right to have the ACL reconstruction surgery covered under the industrial claim even though the industrial injury did not cause the ACL tear as long as it was established that the weakness of the knee from surgery made it more susceptible to further injury and the claimant’s subsequent activity was reasonable, i.e., not something that his doctor told him not to do.

The Klosterman case, though not technically a reopening case, is more commonly applicable in reopening situations where there might be a long interval between the industrial injury and surgery and the subsequent injury.  In the context of a prior industrial back surgery, for example, a conscientious practitioner would do well to inquire whether a new, traumatically-induced herniated disc above or below the surgical level, ostensibly due to say, bending over to pickup a folding chair for example, might have been partially caused by a weakness of the spine due to removal of some part of the vertebrae in the prior laminectomy.  If so, reopening of the workers’ compensation case might be indicated and a petition to reopen should be filed.

In these subsequent injury situations, it is important to realize that an intervening, traumatic injury off work does not always break the chain of causation from the original injury and, in situations like those described above, some contact with the attending surgeon to investigate the matter is called for.





[1] Klosterman v. Industrial Commission, 155 Ariz. 435, 747 P.2d 596 (App. 1987).

Friday, February 24, 2017

Social Security Disability Hearings

Social Security Disability Hearings
By Nicholas Wearne, Associate Attorney


If you appeal a denial for social security benefits you will eventually end up at a hearing.  Clients often get very nervous for the hearing and ask me what they are going to be like.  When a hearing is scheduled in your case it will be at one of the social security hearing offices.  You are expected to arrive early and check in with security.  When the judge is ready for you a hearing monitor will come find you in the waiting room and take you back to the hearing room.

The first thing the judge will do is swear you in.  It is expected that you will tell the truth at all times during your hearing.  If you are unrepresented the judge will then ask you questions about your situation and why it is you feel you are disabled.  The judge may also ask questions about your past work, about your medical treatment, and about your current work restrictions.  If you have an attorney with you the judge will also allow your attorney to ask questions and to make an argument regarding why he/she believe you are disabled.

In some hearings a vocational expert is present.  A vocational expert is basically a job expert.  The judge will ask the vocational expert questions.  The questions are usually posed as a hypothetical.  A question might be posed as follows… If I (The Judge) were to adopt the work restrictions as outlined by John Doe’s doctor, would John be able to perform his past work or any other work in the national economy?  The judge may in fact ask a range of hypotheticals.  If you have an attorney present, the judge will then turn the time over to your attorney to ask the vocational expert some questions.   It is not common in any of the hearings I do but you can occasionally have witnesses such as family members and doctors testify as well.

All together the hearing normally lasts about one hour.  An audio recording is made of the hearing for later reference and both the judge and the hearing monitor who originally came to get you will take notes throughout the hearing process.  You do not normally get a decision at the end of the hearing but have to wait for several months for a written decision from the judge.  On occasion, the judge will let you know at the end of the hearing what he or she is going to do.

If you have a hearing scheduled, or have been denied and would like to appeal your case up to the hearing level, contact Snow Carpio and Weekley for a free consultation. 


Friday, February 17, 2017

Video Surveillance

Video Surveillance
By Diana Robles, Associate Attorney

Be aware, you might have someone following you ... It is very common in workers compensation cases for an insurance carrier to hire a private investigator to follow and video tape claimants.  This is legal, and further Arizona law permits the carrier to submit into evidence videos obtained of an individual if there is an issue being litigated.  

Of course, this is done to try and catch the individual doing things which they claim that they can not do, as a result of their injury. These videos are often passed along to independent medical examiners hired by the insurance carriers to show how this person behaves when they believe they are not being watched.  

In most instances, the video shows my clients hobbling around, or not doing much of anything.  Unfortunately, although the videographer may follow an individual around for many hours, sometimes over the course of several days, conveniently what is shown in the video is the few minutes where this person did something that seems more difficult to accomplish given their injury and limitations.  While unsettling to know that someone might be watching you, know that these videos are only part of the evidence a judge will hear in your case and are usually harmless.



Friday, February 10, 2017

SOCIAL MEDIA CAUTIONS

SOCIAL MEDIA CAUTIONS
By Dennis R. Kurth, Associate Attorney
Certified Workers' Compensation Specialist

Litigating workers’ compensation cases before the Industrial Commission can often be a highly partisan affair.  Because of the high financial stakes in a serious injury claim, carriers will underwrite expensive investigations and surveillance of workers’ compensation claimants.  The goal is to find contradictions in a claimant’s testimony about the details of the accident, their medical history and their post-injury physical capabilities.  Defense attorneys have successfully used such information to argue that a claimant’s injuries have been exaggerated and that the claimant is dishonest.  Such evidence, in the face of sworn testimony to the contrary, can be fatal to the claimant’s case.

Over the years, carriers’ efforts to “dig up the dirt” on claimants have evolved from simple medical and courthouse record searches and private investigation surveillance to the infiltration of social media accounts on Facebook, Twitter, YouTube and e-mail.  In a recent case that comes to mind, a client who was claiming back injuries and severe depression stemming from a work injury, had to explain photos and statements on his Facebook page that seemed to show him having a good time boating on Lake Pleasant and at a family birthday party.

Consequently, worker’s compensation claimants should be warned to implement certain safeguards in regards to the use of such accounts after an injury has occurred and a claim has been filed especially if the claim has been denied and is in litigation.

First, claimants should not put anything about their injuries in writing, except to the extent necessary to fill out forms for their doctors, without their attorney’s advice and permission.

Second, claimants should not send e-mails regarding their case to anyone except their attorneys and make sure that no other parties are copied on those e-mails.  Claimants should always be aware of what they say or post, especially photographs, on the internet.

Third, if claimants have public accounts with services such as Facebook, Twitter, Myspace, YouTube, etc., those accounts should be made private until the litigation is over and the claim is resolved.
Fourth, no on should be allowed to become a “friend” on an account unless the claimant is absolutely sure that they know that person.


No doubt it can be difficult for an internet-savvy claimant with broad online exposure to observe these guidelines, but it is a discipline that must be self-imposed to preserve personal privacy against carriers’ inquisitiveness and to enhance their chance to win their case.

Friday, February 3, 2017

Witnesses

Witnesses
By X. Alex Carpio, Partner


In most cases there is no need to have lay witnesses unless it involves the issue of compensability. Whether an in jury occurred at work? Are you and employee or independent contractor? Did you report the injury to your supervisor? Did you seek medical attention right away? 

The questions posed always involve co-workers who may have witnessed the injury or know about the injury. The case becomes a he said she said type of case and the judge must determine the credibility of the injured worker versus the other witnesses who will testify. In my experience the co-workers either do not want to cooperate as they fear they may lose their job or fear for other repercussions by the employer. 

Early in my career I would bring in all witnesses and almost always the co-workers that were to support my client's story almost always stated they were not aware of the injury or did not support my client at all. My best witness is my client, the injured worker. Unless I have an affidavit or something signed by a witness stating the facts of the work injury I prefer not to have many lay witnesses as in my experience most of the time the co-workers have been tainted by the employer and now I have 2-5 people testifying against my client.


Unless we have witness statements or relatives that are aware of the work injury it is difficult to predict what the co-worker may or may not say at the hearing despite each witness being under oath to tell the truth and nothing but the truth. 

Friday, January 27, 2017

Motor Vehicle Accident While You Are At Work

Motor Vehicle Accident While You Are At Work
By Diana Robles, Associate Attorney

          What happens if your job requires that you drive somewhere, and you are involved in a motor vehicle accident?  If you are injured, at any time while you are at work you are entitled to workers compensation benefits.  So if your job requires that you drive, and you are involved in an accident then you can usually file a workers compensation claim.  There are of course some exceptions in being able to file a claim, for example the employer or insurance carrier may deny benefits if the employee has so deviated from his expected route that he should not truly be considered to still be working.  Throughout the years, cases have been decided which can give some guidance as to when there is a valid workers compensation claim and when there isn’t, if an employee has deviated from his “work route”.

A workers compensation claim can be brought even if you are the one who caused the accident.  If however, you are not at fault you may be entitled to have both a workers compensation claim open, and a civil personal injury claim against the person who negligently caused the motor vehicle accident.  

Arizona law provides that if you recover anything from that the third party liability claim, the workers compensation carrier may have a right of subrogation against that recovery in that civil matter.  In fact, as the injured person you need to get permission from the workers compensation carrier to come to a settlement with this negligent party.  You also need to be aware that if you are planning on filing a claim against the person who caused that accident, the claim needs to be resolved within the first year.  

Ordinarily, Arizona law given an individual two years from the date of injury to file a claim for negligence against an individual.  In instances, when a person is injured while they are working, they have only one year to settle or file a lawsuit against the negligent party.  The second year, that cause of action is given to the insurance carrier so that if a worker has elected not to pursue a claim, they can sue on that person’s behalf.  If that first year after your date of injury is nearing, to protect your rights you must file a lawsuit against the negligent party.  Otherwise, you will have lost that right.  

That being said, most carriers don’t want to have to pursue this claim, so if your year is starting to run one option is to ask the carrier for a reassignment of that claim.  This can make matters very complicated and if you are in this situation you should contact a workers compensation attorney and a personal injury attorney right away, so that your rights are protected in both matters.



Friday, January 20, 2017

EXTREME LIMITS OF WC COVERAGE

EXTREME LIMITS OF WC COVERAGE
By Dennis R. Kurth, Associate Attorney
Certified Workers' Compensation Specialist


There are many misconceptions about workers’ compensation insurance, what it is and what it covers.  Most people have no contact with their state’s workers’ compensation system until they or a family member have a serious injury on the job and their family is affected directly.  Sometimes what one finds out about workers’ compensation is surprising.

In a case that illustrates perhaps the extreme limits of what kind of accidental injury workers’ compensation insurance might cover and which arose in the context of ongoing national debate over second amendment rights, the Arizona Court of Appeals in Naglieri v. Industrial Commission (2014), suggested that an injury covered by the accidental discharge of a collector’s military machine gun by an auto mechanic who was cleaning and reassembling it on a slow afternoon with his employer’s implied consent, was covered by the workers’ compensation law even though the injurious activity had nothing whatsoever to do with the business of an auto repair shop.

The Court endorsed the imposition of workers’ compensation liability on the employer because the manager of the shop observed the claimant working on the weapon, conversed with him about it and did not stop him from doing it.  Shortly after the manager walked away, the firing rod came unhinged and shot through the claimant’s eye nucleating it and penetrating his brain.

The injury occurred in a shop where the prevailing culture was decidedly macho and pro-gun.  A worker might bring in a new gun and show it off like a woman might show off a new baby.  The district manager of the employer, perhaps carrying his constitutional interpretation too far, testified that every employee had a constitutional right to bring a gun into the workplace and admitted to carrying a concealed weapon himself.

This unusual case illustrates the principle that if an employer knows about a dangerous activity that a worker is engaged in at work and does not stop it, the employer is responsible for any injury that occurs to the worker from that activity.

Obviously, despite the current national debate over second amendment rights, enlightened employers are best advised to consider the ramifications of importing such unrestrained rights into the workplace with the huge risks that entails.  A strong written, posted and enforced policy against such activity in the workplace would shield employers from such liability in the future.



Friday, January 13, 2017

Initial Treatment

Initial Treatment
By X. Alex Carpio, Partner


As a workers' compensation attorney I always look at the initial medical records. The initial records are probably the most important piece of information in any workers' compensation case for two reasons. 

1) The mechanism of injury - the initial record will let us know how the injury occurred and if it was at work. It's important to report how you got hurt and that you were hurt at work. 

2) Body parts injured - make sure you complain to the doctor about all the body parts you injured at work. This is important because the insurance company will focus on what you complained about initially. This is also important because insurance companies will deny in future treatment to any body parts you didn't complain about initially. 

It is important to let your doctor know what hurts at your first visit. Some medical providers will only focus on one body part and not list other problem areas. It's imperative that you review the medical reports and ask your doctor to make any changes that are inaccurate. I have had many cases where the initial medical report fails to list how someone was hurt, what body parts were injured and fails to state it was a work injury. Make sure you get a copy of the initial medical record and request any corrections as it is your legal right. 

Friday, January 6, 2017

Can I work while I am waiting to hear back on my disability application?

Can I work while I am waiting to hear back 
on my disability application?
By Nicholas Wearne, Associate Attorney
Snow, Carpio & Weekley


My advice is do not work if you have applied for social security disability.  Technically you can work for up to 3 months after you have applied for disability and if it does not work out it will be considered a failed work attempt.  Technically, in certain cases, and depending on your age, you can work making less than $1000.00 a month and still be considered disabled.

But again, my advice is do not work… at all.

Part of what you are claiming when you apply for disability is that you are so severely impaired that you are physically unable to work.  If you have applied for disability but you go on to keep working then the judge will confront you about why you feel you cannot work now but you could work for those three months.  They will ask you why you stopped working and why you could not work longer than the three month period.  If you are working making less than $1000.00 they will ask you why you cannot put in more hours.  They will also ask you what you are doing to make the $1000.00 dollars to make sure it is line with your work restrictions.  While under the law you can technically work in some cases, the judges come down very hard on people who are working and often times doubt your truthfulness about your symptoms.  When my clients ask if they can try working some to make ends meet I explain the potential consequences and leave it up to them as to whether or not it is worth it.  Generally speaking, my advice is do not work.

One last word of caution, the judges often have a broad definition of work.  If you are a mechanic for example, and you have been doing side jobs for friends to make ends meet, this is considered work.  If you have been selling things on the internet and making money off them, this is often considered work.  If you have questions about what you can and cannot do as far as working or would like a more detailed explanation of what is in this blog call Snow Carpio, and Weekley to set up a free consultation.

Thursday, December 1, 2016

Are My Workers Compensation Benefits Taxable?


Are My Workers Compensation Benefits Taxable?

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

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

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

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

Wednesday, November 16, 2016


Snow, Carpio & Weekley, PLC will be launching our new website on July 1, 2014. 

In anticipation of the new website and marketing efforts, we have revamped our YouTube Channel and have added multiple new videos including videos of our employees!

So if you haven't taken a look lately, please do!

Wednesday, July 13, 2016

Workers Compensation and My Social Security Case


Workers Compensation and My Social Security Case
By Nicholas Wearne, Attorney
Social Security Disability Department
Snow, Carpio & Weekley


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

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

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

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

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

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

Monday, July 11, 2016

Social Security Disability FAQ's

Social Security Disability FAQ's
By Nicholas Wearne, Attorney
Social Security Disability
Snow, Carpio & Weekley


Unemployment and Other Potential Roadblocks to Social Security Disability Benefits

The social security system is not for the faint of heart.  It is a long, hard, and harsh road that can be financially devastating.  It can take months if not years of waiting while you are trying to get approved for benefits.  Clients often struggle financially because they are no longer working and are forced to live with family or friends.  Many clients apply for food stamps and AHCCCS insurance in order to make ends meet.  Some clients are lucky enough to have a workers compensation case going while they apply for social security benefits so they have some form of continued income.  The matter of fact is clients are forced to explore options they perhaps had not previously considered due to the financial hardship.  But be cautious as your explore these options.  Below are some examples of roadblocks that people run into which prevent them from getting social security benefits.

Going back to work:

Clients will call me informing me that they need to go back to work because the application process for social security disability is taking too long.  Sometimes you can work while you are waiting for a determination on your social security benefits but be very cautious and consult with an attorney regarding what you will be doing and how much you are going to make.  Certain work, or making too much money, could completely derail your chances of ever getting approved.

Working under the table:

After hearing they should not work, some clients then proceed to work under the table and do not pay taxes hoping that social security will never find out.  The Social Security Administration Judges will often ask you about what if any kind of work you are doing.  Lying to social security disability about what you are and are not doing for work is considered fraud and could result in serious consequences.  Again, if you are considering working under the table speak with an attorney about what you can and cannot do so that you can be honest about it at the hearing.

Applying for unemployment:

Applying for unemployment is something I advise all of my clients against.  On its face it is seemingly harmless.  Perhaps you were fired from your job due to your illness.  You cannot get disability benefits for periods in which you were collecting unemployment.  Unemployment requires you to be looking for a job.  You essentially certify that you are able and willing to work but merely cannot find a job.  When you apply for social security disability we are trying to prove that you cannot work.  Unemployment may be tempting but do not apply if you intend to apply for social security disability benefits.

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

Friday, July 8, 2016

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

Things to keep in mind at a work-site  
to protect yourself in case of an injury.
By Erica Melendez, Attorney
Snow, Carpio & Weekley


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

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

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

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

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

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

Wednesday, July 6, 2016

Independent Medical Exams (IME)


Independent Medical Exams (IME)
By Dennis Kurth, Attorney
Snow, Carpio & Weekley


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

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

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

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

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

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

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


Critics call for AZ sheriff to resign, be indicted

Critics call for AZ sheriff to resign, be indicted



http://herald-review.com/news/national/image_b93da4f7-c51b-50ee-9f0c-bfa08ccd2861.html

Monday, July 4, 2016

Can I apply for SSD if I am not a citizen?


Can I apply for SSD if I am not a citizen?
By Nicholas Wearne, Attorney
Social Security Department
Snow, Carpio & Weekley


If you are a documented permanent resident and have worked 5 of the last ten years in the United States at a job where you have paid taxes then you will likely have enough credits to apply for social security disability.  If you are undocumented the unfortunate truth is you cannot apply for social security benefits regardless of how many years you have worked in the United States.

Si estas aqui en los Estados Unidos como un residente permanente y has trabajado un minimo de 5 anos en un trabajo donde pagas impuetos, debes de tener lo credito suficiente para aplicar para seguro social.  Desafortunadamente, si estas aqui en los estados unidos y no estas documentado, no puedes aplicar por seguro social irrespectivo de los anos que has trabajado aqui en los Estados Unidos.

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

Friday, July 1, 2016

When should I apply for SSD?






When should I apply for SSD?
by Nicholas Wearne, Attorney
SSD Department
Snow, Carpio & Weekley

One would think that the best time to apply for social security disability is right away or as soon as you know you are going to be disabled.  That is not necessarily the case.  One of the things you must prove in order to qualify for disability is that you have a severe injury.  Social Security considers an injury severe if it is going to take you off work for more than 12 months.

Often times if people apply for social security disability right after an accident or right after a disabling diagnosis and it results in a denial letter from social security disability stating that they believe the condition will resolve before 12 months have passed.  If your injury or condition is very severe or terminal you are not likely to run into this problem and should apply right away.

I normally advise people to apply for social security disability about 5 months after their disabling condition began.  It takes about 4-6 months to hear back on an application.  By the time it is being reviewed a person will have been disabled for about 9 months and the argument that the condition will not last 12 months is much harder for social security to make.

If you are looking to apply for social security disability benefits and have questions about when is the best time to apply call Snow, Carpio, and Weekley for a free consultation at 855-325-4781 or you can find more information about us on our website at www.workinjuryaz.com.