To  reopen a settled case, or "vacate the previous award," a disgruntled employee or comp
                     insurer must file a petition with the Workers' Comp Court of Appeals (WCCA).

 
 The Court has broad discretion in determining whether to vacate an award.
       It recognizes four "causes," or reasons to reopen a settled case:

          I.    A substantial change in medical condition
          II.   Fraud
          III.  Newly discovered facts
          IV.  A mutual mistake of fact

   If  the  Court reopens your case, they'll refer you to the Office of Administrative Hearings (OAH) where
 a  workers'  compensation judge will decide your new case unless you reach a new settlement with the
 comp insurer.

          To reopen a case based on substantial change in medical condition, you'll need to show that:

   (1) Your  work  comp  injury  has  substantially deteriorated since your settlement
        was awarded;
   (2) The deterioration has diminished your ability to function; and
   (3) The deterioration was something clearly not anticipated, nor could it have been
        anticipated, at the time your settlement was awarded.

  You'll need to submit medical evidence that contrasts what your medical condition
  was -- and what your ability to function was at the time of settlement, and what it
  is today.

  However,  you  won't need to petition to reopen your case if you're seeking benefits
 for  a "consequential" injury. A consequential injury can simply be a temporary aggravation of your existing
 work injury, or it can be a new injury that arose from your work injury.

  For example, if you hurt your neck in a car accident while on your way to therapy for your lower back work
 injury,  the  neck  injury  is consequential because it arose from your work injury. Similarly, if you fractured
 your  right  hip  on the job, your left hip may develop a problem and require treatment due to compensating
 for the fractured hip.

  Settlement agreements cannot generally foreclose on consequential injuries so a petition to reopen them
 is unnecessary.

                         Fraud,  or  lying, is an allegation more commonly made by the comp
                      insurer against you.

                         For  example,  If  you've  held out that you can't work because you're
                      limited to lifting five pounds and can only bend far enough to reach your
                      knees,   the  comp  insurer  might  get  a  little  upset  when  they  see
                      surveillance video of you laying down sod in your back yard.

                        Such  video,  however,  is not likely to reopen the case if it was taken
                      years after your settlement was awarded.

                    To reopen a case based on newly discovered evidence, you must show:

     (1) A new fact has been discovered that, had it been known at the time of the
         settlement award, would have had a significant bearing on the case; and

     (2) The  fact  existed  but  was  not  discovered at the time of the award even
          though a thorough investigation was made; or

                             (3) The fact developed after the settlement had already been awarded.

       WCCA  may consider reopening the case if both parties made a mistake over a fact
 that had significant bearing on the case.

      For  example,  if  one  party  mistakenly recorded the disability rating as 2% instead
 of  20%,  and  the  opposing  party failed to detect it before it went to the compensation
 judge  for his or her signature, your settlement award would be significantly, and unfairly
 diminished.

                      If You Think You Have Grounds to Reopen Your

                                 Settlement, Then Give Us a Call At:


                                               612 - 424 - 4516

  Or if you prefer email ...

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