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  1. #1
    Join Date
    Jun 2008
    Posts
    8

    Default Reopening a Settled Case

    Last year I settled my WC case with a limp sum from the ins co after almost 4 years. I am still permanently partially disabled but continue to work at a lesser pace. My arm has been getting worse and I would like to know if I can reopen my case before the two year mark even though I settled. If so, what should I do?

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,009

    Default Re: Reopening a Settled Case

    Did you settle with a compromise release agreement?
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Dec 2011
    Posts
    28

    Default Re: Reopening a Settled Case

    You said you settled your case with a lump sum-do you mean a Section 20? If your case settled Section 20, then your claim is closed forever, with no re-opener rights. If you settled it with an Order Approving Settlement, then you have 2 years from the last payment made to re-open your claim.

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    659

    Default Re: Reopening a Settled Case

    Razi

    I agree with complwyr and compadjust but will add you have 2 years to re open your claim with in the 2 yr mark of either receipt of last payment OR medical care under WC. So if you were paid in payment go from the last payment received to begin the clock for the 2 yrs or from your last medical service provided.

    BUG
    Last edited by bugmann; 03-28-2013 at 09:18 AM. Reason: added info

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,009

    Default Re: Reopening a Settled Case

    Your settlement document should tell you whether you have any rights left to reopen.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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