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  1. #1
    Join Date
    Oct 2020
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    1

    Default Section 32 Can a Case Be Reopened After Settlement

    I settled a NYC WC case with a section 32 settlement as an unrepresented claimant. During the litigation I felt uncomfortable with the responses the attorney for the insurance gave, she flip flopped alot. Before we settled on an amount I was required to go to an IME, I was 4 mths post total knee replacement. The IME came back with a 100% total disability. There were several issues I felt uncomfortable with but I decided to move forward and settle my case, but I have regretted it ever since. My claim had four sites of injury, only one was addressed and now two other injured sites are giving me alot of pain. I understood that I would be on my own for any medical treatment should I need it since my case was closed, but I started looking into reopening my case and found some law firms that say if the insurance company misrepresented themselves in the settlement a case may be reopened. I was wondering if anyone has any first hand experience?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,174

    Default Re: Section 32 Can a Case Be Reopened After Settlement

    Vegamo
    I settled a NYC WC case with a section 32 settlement as an unrepresented claimant.
    That's your first mistake, I'm positive the carrier took full advantage of your incompetence.

    I started looking into reopening my case and found some law firms that say if the insurance company misrepresented themselves in the settlement a case may be reopened.
    If they misrepresented a material fact, like your wages or the date of injury you may have a chance, even then you'd need a lawyer.

    My claim had four sites of injury, only one was addressed and now two other injured sites are giving me alot of pain.
    Now who's fault is that?
    You saving attorney fees and not presenting your case in it's entirety is not them misrepresenting themselves.
    You are the claimant, you had every opportunity to raise all issues, the carrier isn't going to present your case for you.
    The odds of reopening is just about zero, you can check with a lawyer and see but don't hold your breath.

    Suppose my circumstances change in the future and I need more payments or medical care. Can I reopen the Section 32 Waiver Agreement?
    No. You cannot reopen a Section 32 Waiver Agreement once it is final, unless all parties agree to a modification. Whatever you settle – lost wages, medical or both – remains permanently settled. You will not receive any more money for that aspect of your claim.
    http://www.wcb.ny.gov/content/main/W...AQ_Workers.jsp

    Tony
    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.

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