Can I reopen a worker's compensation case from 1996?

I was injured in the bombing at Centennial Park in Atlanta while I was on the clock for AT&T. Workers compensation paid for my medical and part of my wages when I was unable to come to work.

I have since developed symptoms that may be related to the injuries sustained in that incident.
Can a close case be reopened?
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Answers (3)

David C. Garner

David C. Garner

Contributor Level 7
I am not licensed to practice in Georgia, so I offer this based on general principles of law.

Generally a workers comp claim must be brought within one year of the date of injury and (in Georgia) within two yeas of the last payment of a benefit. While you apparently did this, it sounds as if the claim was resolved some time ago. You may now be precluded from reasserting the previous injury.

Considering that this injury was 14 years ago, you might well encounter probelms establishing a link between probelms now and then injury then.

I am not an expert on Georgia WC law, so I would suggest you consult with an attorney locally that specializes in workers compensation issues.
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Michael Richard Moebes

Michael Richard Moebes

Contributor Level 3
I agree with Mr Garner's response. Another factor will be whether you settled the previous WC claim, since, more than likely, the stipulation you signed will relinquish any rights you have for additional claims associated with this incident. If you never settled it, you can argue that you have continuing medical needs stemming from this injury, since medical care in GA workers' comp continues indefinitely, but you'd likely have to file a hearing request, as I'm sure the insurance carrier is not going to agree that the symptoms are related without some investigation! Good luck - Michael Moebes,
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John Michael Parsons

John Michael Parsons

Contributor Level 4
In short, probably not. Especially if you settled the case. However, as always, please consult with a lawyer before dismissing your strategy of reopening your case.
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