I injured my lower back at work in 2015 and had severe sciatica. I had a microdiscectomy but it did not relieve the pain. I ended up with permanent damage to my sciatic nerve and received a category 3 rating. I tried to get mental health added to my claim but was denied after a joke of an IME (I know I should have gotten an attorney at that time). Now I have extreme back pain and stiffness, which I didn't have before, and my leg pain is getting worse. I'm always on pain meds and other meds just so I can function. I am severely depressed (diagnosed by my treating Dr). I'm trying to reopen my claim at this time. My question is, can I open a new claim for depression or add it to the reopening request even though it was denied previously? Or has that ship sailed for good? Thank you in advance!
Well, this is a pretty complex question to answer. Generally speaking once a condition is denied and that denial becomes final and binding, then you cannot get the condition related to the claim at a later date. However, mental health is a bit more complex. Without knowing more it is difficult to say with any degree of certainty whether the ship has truly sailed. I’d recommend consulting with an experienced attorney. Most of us offer free consultations and you’ll get a more thorough analysis that way.
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