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How do i voluntarily close a workers compensation case and reopen an old one???

Chandler, AZ |

I filed and received WC benefits 10 years ago. I recently reaggravated the same injury at work during a fire drill. I filed a claim with the new employer, but i think i need to close this one and reopen the old case. Is that right and how do I close the new case that I have already requested a hearing for since my most recent employer denied my benefits. I am no longer with that employer as they have terminated me for not being able to work.

Attorney Answers 3


  1. This is a tough one to answer, because there is not always a well defined line between old and new injuries. Is it the old injury? Was the old injury aggravated by the new injury? Is it a temporary or permanent aggravation? Is it a new injury?

    Ultimately, medical expert opinion is required to sort out this type of situation. In he meantime, the most prudent course may be to file a Petition to Reopen the old claim, if you have medical support.

    I think that your next step is to obtain current medical records and have them reviewed by an attorney. We are happy to do so. Thanks.

    Brian

    Appz


  2. I agree with the other opinion here and suggest you see an attorney before you decide. If you have aggravated the earlier injury it is usually a new claim rather than reopening

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  3. I would not close either case as a hearing officer could find your original injuries are the cause of your disabilities. Also, you may very well be entitled to SSDI benefits. Have you applied?

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