Re-Opening a Closed Case – Worsened Medical Condition

Reopening A Workers’ Compensation Case

A closed workers’ compensation case can be reopened if it can be proven that the injured worker’s condition has worsened. This does not have to be proven by the opinion of an authorized medical provider. The injured worker can chose a family doctor, or any other doctor.

Procedure

To reopen a case, the injured worker must file a Petition to Reopen. Attached to the petition should be a doctor’s report which states that the injury has worsened. The insurance company can then either grant or deny the reopening. However, the insurance companies almost always deny the reopening of a case. If this happens, the injured worker must set the matter for hearing.

The reopening of a case does not automatically mean that the injured worker will receive more benefits for lost wages. Lost wages are given only when the condition has worsened, the claimant is unable to work, and the injured workers physical restrictions have also increased. However, after a case is reopened, the injured worker is entitled to additional medical benefits and perhaps more permanent disability.

Time Limits

A Petition to Reopen must be filed within six years of the date of the injury or within two years of the last date that benefits were paid, whichever is longest. Understanding the time limits for reopening can be difficult and there are important variations on these time limits. Therefore, you should consult an attorney for help with reopening.

Call the Eley Law Firm today at 866.458.6360 for a free case evaluation from a workers compensation lawyer. You may also e-mail us or fill out the form on the Contact Us page of this website, and a representative from the office will be in touch with you shortly. We look forward to hearing from you and helping with your workers comp case!