Employment Law Questions? Ask an Employment Lawyer.
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I am afraid the news here is not good, which is likely what the attorneys have told you and what the judge told you. If you went before the judge already and he denied you reopening the case based on the statute of limitations and for the reasons he stated, the only thing you could TRY would be appealing his decision. In order to keep a workers compensation case open you would have to show continued treatment over the time since 2005, which means you would have to show the court that you continued to go to the doctor at least annually and workers compensation continued to pay. If you did not do that, then even if you now need surgery, the court's hands are tied and legally they cannot reopen the case and an appeal would be fruitless.