Legal Question in Workers Comp in California

Yes, if you have not settled your prior claim, most likely you can re-open your claim. Feel free to call us at 213.388.7070 for a free consultation.

If you entered into a Compromise and Release, you're effectively done. However, if you stipped your claim, you have 5 years to reopen, but only if you suffered a new and further injury, or, if you suffered a compensable consequence (which could extend beyond the 5 years), you can amend your claim.

On the other hand, you did not mention in your question that you closed your claim. In any event, your fact pattern is laced with comlex issues which I believe should spark you to contact an attorney to discuss your matter in great detail. Therefore, I ask that you contact my office at 1.877.505.INJURY to set up a free consultation.

Under certain circumstances the court will set aside a compromise and release, which appears to be how you settled your case because you no longer have medical coverage. However, losing a job for performance issues is not something I believe the could will re-open the claim for. You might consider a discrimination claim, as you were handicapped after your injury. Yet, again, the performance issue will generate lots of problems since the employer will claim a good faith personnel issue for all claims you might bring.