Legal Question in Workers Comp in California

Is there anything I can do after I settle my case?

I settled my workers' compensation case, but I feel that my condition has deteriorated since the date of the settlement. Is there anything that I can do?


Asked on 8/08/97, 2:17 am

2 Answers from Attorneys

Bahman Eslamboly Eslamboly & Barlavi

It depends on how the case was settled

This depends on whether, at the time of settlement, you "closed out" your case or you left open your future medical care. If you settled by way of Compromise & Release (i.e. "closed out" the case) you will not be able to re-open it. If your condition has deteriorated due to employment at another company, you may be able to pursue a new claim against that employer.

If you settled by way of Stipulation (i.e. left open your future medical care) you will be able to seek medical care within the scope of the medical reports existing at the time of the settlement. You may also re-open your claim within five years of the date of the original injury. To do this you will have to file additional documents with the Workers' Compensation Appeals Board. You will then be re-evaluated by doctors and, if your level of permanent disability has increased since the date of your settlement, you will receive additional compensation and medical treatment.

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Answered on 8/08/97, 2:33 am
David Austin Burke & Eisner, P.A.

It Depends on what State you are in too.

In some states you cannot release your medical care rights. That is the case in New Hampshire.As for your compensation, you may be stuck. Again that depends on how you settled and where you case is.

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Answered on 8/08/97, 7:31 am


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