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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Statute of Limitations on Reopening Old Medical Claim

    What is the time limit for reopening an old medical (no indemnity) claim for additional treatment in New York?

    If there is a time limit is it based on the date of injury or the last treatment?

    I've been looking all over for the applicable law so if someone knows the specifc law (chapter, section, etc.) I would appreciate that information.

    Thanks,
    RJH

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Statute of Limitations on Reopening Old Medical Claim

    it depends on the situation:


    123. Jurisdiction of board to be continuing. The power and
    jurisdiction of the board over each case shall be continuing, and it
    may, from time to time, make such modification or change with respect to
    former findings, awards, decisions or orders relating thereto, as in its
    opinion may be just, except that, where the employer has secured the
    payment of compensation in accordance with the provisions of section
    fifty of this chapter, no claim for compensation or for death benefits
    that has been disallowed after a trial on the merits, or that has been
    otherwise disposed of without an award after the parties in interest
    have been given due notice of hearing or hearings and opportunity to be
    heard and for which no determination was made on the merits, shall be
    reopened after a lapse of seven years from the date of the accident or
    death.
    Nor shall any award of compensation or death benefits be made
    against the special fund provided in section twenty-five-a of this
    chapter or against an employer or an insurance carrier where application
    therefor is made after a lapse of eighteen years from the date of the
    injury or death and also a lapse of eight years from the date of the
    last payment of compensation.


    http://www.workerscompensationinsura...6879&noquote=1
    Last edited by .SH; 12-13-2011 at 08:26 AM.

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