Re: Can 1980 C&R W/Future Medical Be Re-Opened for More Money Because of Babbit V Ow
I would say no.
Can I reopen my C&R and request more money since due to “BABBIT V OW JING”, I lost the crucial part of my “Future Medical Award”, my right to choose my own Doctor?
It says in your source on pg 6, line 16 "the Legislature’s decision to allow the provision of reasonable medical treatment through an MPN makes only a procedural change in the law.
On line 11 0f the same pg it says " Whether a statutory amendment is given prospective or retroactive effect depends upon whether it implements a procedural or substantive change in the law."
Because it's only a procedural change, not substantive - I would think you have no basis for appealing or "reopening" your case.
In the courts opinion, you have the same rights to future medical, there is just a procedural change
I lost the crucial part of my “Future Medical Award”, my right to choose my own Doctor?
The court doesn't interpret your choice of a doctor as a "right"
It says on pg 6, line 22 "because the procedure for providing medical treatment was not a substantive right."
This is my opinion only, you should consult the attorney who handled your case for verification.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.