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  1. #1
    frank Guest

    Default Reopening a closed case

    Can you ever reopen a closed w/c case that was settled if your condition worsens?

  2. #2
    sh Guest


    Depends on the state (there are different rules for each) and how the case was closed.

  3. #3
    anon2600 Guest


    IF your condition becomes worse you can reopen your case within 5 years of your DOI...all states have different statutes.
    IF it's after the 5yrs, you would have to file a new claim. have settled your case by a Compromise and Release, a C&R. IF that is the case, you are done, all is over, you are on your have released the IC/ER from ALL liaility for your work related injury/illness.

    How did you settle your claim, and when?

  4. #4
    frank Guest


    the case was settled with a lump sum and no liability, due to the fact that the impartial exam was too vague and litigation would take soo long and I needed better medical care that I wasn't really getting due to all the issues with doctors fee's and comp rates and doctors not wanting to take you as a patient, but I realize now that the situation has only worsened and not likely to improve , more likely to worsen over time and I feel I made a huge mistake settling the case.ANY ADVICE?

  5. #5
    pt Guest


    I'm sorry you've had to find yourself in this unfortunate position ; as ''Pandora's Box' may quite likely, have even more complications inside of it.

    I'll say a prayer that you'll be able to 'somehow' obtain further medical treatment through other resource's.

    Anyone have some viable, suggestions?

  6. #6
    anon2600 Guest


    Since you setteled you claim by a Compromise and Release, you are all done with that claim.
    However IF you re injure the same body part, you "may" have basis for a new claim. The % disability from your old claim would create a cause for apportionment. And the IC will no doubt fight the claim, it all depends on the laws/statues of your state.

    You did what many IW's do, you got tired of working your way though the system. You took the money and ran. Did you have an attorney help you with your claim?
    It's not stupidity... but it is ignorance, of what your entitlements are under the law.

    It's too late to go back on that claim now...

  7. #7
    frank Guest


    are you supposed to recieve a % of disability before you close a case with a settlement? No one gave me a loss of function rating? It is soo discusting that in order to take care of your injury you sometimes have to settle the case to get the quality medical care necessary.

  8. #8
    sh Guest


    Only those with permanent impairment get a rating. Most cases recover completely and close without a settlement.

  9. #9
    massrn Guest


    Frank, your situation sounds a lot like mine. I don't know what state you are in, but in my state (MA) you can report an impartial doctor. I have done that, and am now informing the commissioner of the DIA that I have, that I did not get an "impartial" report which basically forced my hand in terms of settling.

    I also am referencing the Exec. Dir. of the DIA and his annual report statement; he gloats about how many fewer cases are being filed.

    I followed the money trail. The DIA is not a state entity; it is funded by taxes of employers;they in turn have arrangements with insurance companies. Insurance companies have paid lobbyists. Legislators aren&#39;t going to be interested in passing legilation to help injured workers because they can&#39;t <FONT COLOR="ff0000">••••</FONT> off the ins. cos. and risk campaign donations. It is all a big scam. The DIA doesn&#39;t want you to have an imparial exam; the impartial docs are still in the pockets of the ins. cos. because if they are truly impartial there goes, in my state, the $450.00 per exam, that the IW pays half for, while the ins. co pays the other half. They want to get their money&#39;s worth.

    Anyway, my whole point in telling you all of this is that we will never be able to reopen a claim that we were, in essence, forced to close unless enough of us start complaining about the system to enough people. I&#39;ve exposed to the commissioner that I know the game that&#39;s being played and I want my case reopened; I expect him to laugh.

    I&#39;m also reporting the insurance carrrier becuase I had a judge&#39;s order for medical and they wouldn&#39;t pay. My idiot lawyer said &#34;save it for the hearing&#34;, only there was no hearing because my impartial exam was a bogus piece of crap.

    We must try to get media attention brought to bear. I&#39;m now in touch with several injured workers in my state and I&#39;m going to eventually start a group and network with other injured worker&#39;s groups. I&#39;m not going to stop, and neither should you. We were denied a fair hearing becuase we could not wait so long to get medical care, etc. If you were like me you feared you might have permanent injuries if you continued to neglect your injury. The doctor issue is real, which is another reason why people settle. That,too, has to become known. I don&#39;t blame the doctors, as the reimbursement is soo low, however I think it is bordering on malpractice to deny an injured person help because of the $$.

    The day I settled I was able to get appointments with surgeons who the day before would have turned me down. The whole thing is so convoluted.

    Anyway, I hope I&#39;ve given you a new purpose. If we go away quietly, I can assure you there is no chance for change.

    BTW, to the person who is worried we&#39;ll be recognized, I have told nothing but the truth here on this forum, and given my username if the right people were reading this they would know it was me because I&#39;ve been complaining loudly all along. I don&#39;t give a flying fig. This is still the USA, even though WC is a dictatorship. I will not be silenced by the bastards.

  10. #10
    anon Guest


    Mass RN please email me at:

    We need to talk.

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