Legal Question in Workers Comp in Virginia
workman's comp case
I broke my leg on the job in 1990. The attorney that I had, at the time of settlement assured me that I had lifetime medical benefits for this injury. My leg is now bothering me. I had misplaced my award letter, but acquired another one from the workman's comp comm. This letter stated that my benefits were over in 2 years, 1992. This is not what I saw in the award, it does not even look like the same paperwork. Can something be done about this?
1 Answer from Attorneys
Re: workman's comp case
The award letter is the final document in the case. If it only gave you two years medical care back, then your two years expired back in the 1990's. Also, any legal malpractice claim would have to be brought against that attorney probably within 5 years of the date of that award. It is conceivable that an award could be set aside for fraud but you would have to show documents that provided for lifetime care. The award for lifetime medical care could not be wiped out without "your signature" agreeing to the agreement for only 2 years.
Jerry Lutkenhaus
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