How could I get my Work Comp case reopened after it has been settled and get temporary total disability payments?

Asked almost 2 years ago - Northridge, CA

My injuries have only worsened since my work comp case was settled and closed in less than 4 years ago. I have constant back pain. I really would like to have my case reopened, but I do not know what to do. My work comp case was settled at the Long Beach Work Comp Court. I was told that work comp court allows a window of time for you to come back and reopen, but I do not fully understand what that means for me. How could I get temporary total disability payments from the City of Los Angeles, the employer that I settled with.

Attorney answers (4)

  1. Brett A. Borah

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Mr. Laden has it exactly correct.

    IF you settled your case by Compromise and Release, you cannot re-open your case at all. You made your deal and now you have to live with it.

    IF you settled your case by Stipulations with Award, you would have five (5) years from the DATE OF INJURY to petition to re-open. You must have your petition on file with the Workers' Compensation Appeals Board before the 5 years runs. After that, you, again, cannot re-open.

    Good luck.

  2. Richard Michael Laden

    Contributor Level 13

    4

    Lawyers agree

    Answered . The questions are: 1. What was your date of injury; and, 2. How was your case settled? i.e. by Stipulations and Request for Award or by Compromise and Release (C&R)?

    If by C&R, your case was closed fully, finally and completely. You cannot reopen it unless the settlement was procured by fraud.

    If by Stipulations with Request for Award, you have only 5 years from the DATE OF INJURY in which to reopen. Otherwise, the time has passed and, perhaps, the only benefits left for you would be future medical treatment.

    If you are still employed by LA, you may have a cumulative trauma injury that has occurred since your case was settled, i.e. a new injury. The same might apply to any subsequent employment you have had since leaving the City. You should consult with a skilled workers' compensation attorney which you can find here at AVVO or at www.caaa.org, attorneys that represent injured workers.

    The information given is generic and does not constitute legal advice, which would only be given after a... more
  3. Richard Andrew Harting

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with Mr. Laden and Mr. Borah

  4. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If today is more than 5 years from your date of injury, your disability journey is most likely over.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Work-related personal injuries

Employees can sue for damages if they’ve suffered work-related injuries. These lawsuits are separate from workers’ compensation and cover more kinds of injury.

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