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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default My Workers Comp Case is Closed Expired in 2006 Can I Still Reopen It

    My case is closed and my condition has worsened. The judge did not award me future medical treatment however I have a letter signed by my attorney at the time that states that I have been awarded lifetime medical care. I called them and there telling me that they send that letter out to all thier clients and that it dosent pertain to me. How can i reopen my case? or is there anything that I can do?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: My Workers Comp Case is Closed Expired in 2006 Can I Still Reopen It

    HOW did that claim settle?
    Was there a stipulation agreement, a finding w/award by judge, or a C&R/lump sum payment ?

    You haven't provided enough info to tell what the situation is... what is the org DOI/date of injury. ?

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: My Workers Comp Case is Closed Expired in 2006 Can I Still Reopen It

    your atty needs to file a petition for new and further disability.
    http://www.dir.ca.gov/dwc/iwguides/IWGuide11.pdf
    you will need medical evidence that it's the result of the original injury and not anything that has occurred since.

  4. #4
    Join Date
    Aug 2010
    Posts
    3

    Default Re: My Workers Comp Case is Closed Expired in 2006 Can I Still Reopen It

    They gave a lump sum and the findings and awards say that theres no need of further treatment but my lawyer sent me a letter stating that I was awarded life time medical treatment. They sent me this letter after I recieved the findings and awards and now they dont want to help me out. and my condition has worsened due to my injury I know have degenerative disk desase.

    The original date of injur was on July 19, 2001

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: My Workers Comp Case is Closed Expired in 2006 Can I Still Reopen It

    You can't file a petition for 'new and further', your DOI is 9 years ago..there is a 5 year SOL to reopen a claim.

    The Finding w/Award & Order defines the settlement, not the letter from your atty.
    If the Finding says ''no further need for treatment', you don't have a FMC/Future Medical Care award.

    AA/App Atty isn't helping because the fees are paid, and claim closed. You can't reopen, and on top of that, you'd have a hard time showing DDD to be related to your org injury. Estimates show about 70% of the population develop DDD at some time in their life, to some degree. And, it's not ''treatable'' but with OTC/over the counter medication generally.
    As there was no FMC award, you are free to treat with a Dr of your choice, and use your own health coverage, or pay out of pocket.

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