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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116808
Experience:  20+ Years of Employment Law Experience
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I've been trying to reopen a Workers Comp case, using

Customer Question

I've been trying to reopen a Workers Comp case for years, using attorneys. They have given up. I am now doing my own research and recently got access to my files. A judge in 2010 stated that my doctor said I required surgery in 2005 and required surgery in 2010 and therefore there has been no change in condition, so case will not be reopened. The decision mailed to me did not say this, so I only just discovered it. In 2005 the doctor said, "in the future" I may require surgery. This statement by the judge has prevented me from reopening the case. There is a 6 year statute of limitations. What can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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.