Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.
Good morning,It may be possible, depending on what was entered into. Whether a case can be reopened after settlement depends first on whether it was settled by a “Stipulation and Award,” or whether it was settled by a “Compromise & Release.”
A Compromise and Release (it may also be called something like a "Final Stipulation") is a settlement agreement that typically resolves all of an employee’s claims: past, present and future. Unless the settlement agreement was procured by fraud, it typically concludes the case completely, and you cannot reopen a case.If it was a stipulation and award, you may be able to open the claim under limited circumstances, such as upon a showing that the initial award wasn't equitable, or that there was an error in the way the award was calculated. You could also seek to re-open the case should further injury or disability arise. That said, the time to do so isn't absolute - e.g., an employee cannot 20 years later claim additional injury. You generally have a limited time to raise the issue of a new injury and seek to reopen the claim.