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Can a Closed Workers' Comp Case be Re-opened?

All too often, injured victims lose hope once their case is closed and assume that they cannot receive the compensation that they deserve. There are circumstances that allow a claim to be re-opened and if you would like to discuss your case with a skilled workers' comp lawyer in Phoenix, contact Fendon Law Firm, P.C. If your health or injury has worsened over time or if you are in need of more medical benefits, consider the option of re-opening your case. It is important to note that both the insurer and injured worker have the right to pursue a re-opening of the case. Some reasons to re-open a case include:

  • The presence of a mistake or error in the original case
  • A change in the conditions of the case
  • The overpayment of benefits by the insurer in the original case
  • The existence of fraud in the case
  • A mistake with the facts of the case

The recurrence of a disability or an increased disability is one of the most common reasons to re-open a case. Clerical errors or errors in the law when reaching the result are less likely. There are limitations to re-opening a case and these are important to be aware of. Generally there is a time limit to a re-opening and if you pass the statute of limitations you may not be able to request a re-opening. There are also limitations to the conditions that will justify a re-opened case. The conditions to your case must be new, additional or previously undiscovered from the original case in order to be sufficient for a re-opening in Arizona. For help in your workers' comp case, team up with a Phoenix workers' compensation attorney from Fendon Law Firm, P.C. With over 50 years of combined experience we have handled cases involving re-opened claims countless times. Contact our firm now to schedule your consultation and get started!

Categories: Workers' Compensation