Legal Question in Workers Comp in California

I had a WC claim, returned to work, after a few years the pain and tingling has begun again, it's like it's happening all over again, can I open the WC claim again?


Asked on 2/07/11, 2:38 pm

1 Answer from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

The answer depends upon a couple of variables. First, did your claim settle by Compromise and Release? If so, your claim cannot be reopened. If your claim was settled by Stipulations and Award, you have the right to reopen the claim, as long as you do so within 5 years of your original date of injury. With Stipulations, you should have the right to ongoing future medical care for the original injury. You may wish to go back to your primary care physician for treatment and to determine whether you have a new injury or a flare-up of the original injury. If you have a new injury, file a workers' compensation claim with your employer as soon as possible.

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Answered on 2/08/11, 10:07 am


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