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Thread: Case Got Closed

  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Case Got Closed

    Okay, long story short, back in '91 I filed a case for my broken ankle that had happened at work. In 2011, my case was supposed to be reopened, but I had completely forgot about it, and me having the great lawyer that I have, she never told me about it. I called her a week ago telling her that my ankle was doing worse, and she gives me the bad news that my case had been closed. My lawyer gave me no warning that my case was supposed to be reopened last year so I missed it. Is there anything that I can do to resolve this problem or help me in any way?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Case Got Closed

    you can file a complaint against your lawyer with the state bar.
    you might have a malpractice case against the lawyer but you should check with a malpractice lawyer.

    if you missed a statutory deadline for reopening because of bad information, you do not get a "do over" or another chance.

  3. #3
    Join Date
    Jun 2011
    Location
    Morristown, NJ
    Posts
    15

    Default Re: Case Got Closed

    My strong assumption is that your lawyer explained your reopener rights to you at the time of settlement. However, if he did not, in 21 years of practicing law I have never seen a case resolve without the judge explaining those rights on the record. From that point, your attorney is not allowed to remind you that your Statute of Limitations date to reopen the case may be approaching. The only person with that responsibility is you, the injured worker. That is also something that is routinely made clear by the judge, on the record.

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    667

    Default Re: Case Got Closed

    Dear Metsfan28,

    Sorry to hear that your injury is acting up with vengeance, however I must sadly inform you that you have no course of action of any type. To have your case reopened you would have had to file for it with in 2 yrs of your last WC benefit either cash or medical.

    BUG

  5. #5
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Case Got Closed

    I don't understand why there is no way to reopen, did you not retain lifetime medical?

  6. #6
    Join Date
    May 2010
    Posts
    418

    Default Re: Case Got Closed

    I would guess lifetime medical was not left open, it is rare in a settlement for it to be left open it seems.

  7. #7
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Case Got Closed

    My state does not allow IWs to C&R medical. (Oregon)

  8. #8
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    667

    Default Re: Case Got Closed

    Dear Leslie, Hi in the case of the Metsfan, to have his case reopened he would have needed to file a motion, if retained by lawyer or request the case to be reopened directly to the Dept of Labor Div. of WC, if not represented by lawyer. There is a time limit in which the claimant must file/request to reopen case. Which is within two years of receiving his last WC benefit either medical treatment or payment. Once this 2 yr period has past the case can not be reopened.

    "If" he had filed within the time limit the carrier sends him to WC Dr for exam and this Dr must state that there is corrective medical treatment that will most likely improve the IW condition.

    I believe this is because after the 2 yr limit he could have been paid his % of impairment (settlement) it would be unfair, for him, then to seek treatment that most likely would result in a lower impairment rating thus being over compensated and as we all should know NJ would NEVER allow an IW to be over compensated!!

    I hope this sheds some light on your question. Have a great day .


    BUG


    Quote Quoting Leslie View Post
    I don't understand why there is no way to reopen, did you not retain lifetime medical?

  9. #9
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: Case Got Closed

    Yes, thanks Bugs

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