How to reopen a worker’s comp case after you moved to a different state?
In 2004 I had an on-the-job back injury while living in AZ. I had surgery which corrected some, but not all of the problem. I relocated back to WA after being released by my surgeon, mostly because the insurance adjuster would delay sending my checks, sometimes for a month at a time. I moved in w/ my daughter because she wouldn’t throw me out if I had no money! I continue to have significant flare-ups of pain, and residual burning and numbness in my leg. Is it possible for me to reopen my claim w/ no new findings? I don’t want a check, just the dr bills and meds paid. I go to work everyday, but I get really exhausted because I don’t sleep well because of pain and muscle cramps all night. If anyone has any advice, I will be forever grateful.
The MRI showed that I had a “difuse disc bulge” and one portion of it was extruded. The extruded part was removed surgically, but nothing was done for the overall disc bulge. I advised the surgeon that I have really bad cramping in my calf, and my heel is numb. That has not changed. I received no cash “settlement” because they said I didn’t lose the ability to make the same wages.
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You can reopen a claim, I believe only if your condition was aggravated. Your medical bills should have been paid in the first worker’s compensation case. Yes, it is impossible to open a claim with no new findings. You see, you were already paid for the pain you already have and the case is considered resolved. Can you open a civil suit? I think the statute for that may have expired. But I am not sure what that time limit is for AZ.Check it out.
Sadly, it would be almost impossible. Back injuries occur all the time & proving you have not done something to make it worse during your move wold be impossible.
Contact a attorney that specializes in workman comp claims. Good luck – my chiropactor is much more helpful than
pain doctor with my back.
Stop people… THis woman has returned to work…the new employer
is liable for any further injury. When any person is hired by any
company/employer the employee is hired “as is condition”…
aggreviation to a prior work injury is generally fully compensable.
Poster… FILE a new report of injury with your current employer,
they will file with their WC carrier and you’ll get your answer. In
the meantime… consult with a competant WC atty… you are likely
going to see a denail…and find need for appeal in WC court. Don’t
wait on this… And,… THANK YOU for providing your STATES…
Thank you very much.
Go to a labor/employment attorney if the Dr finds that it is in fact a reoccurring injury from your comp case the former employee’s insurance will have to pay for medical and legal charges related.First call attorney second on his order go to a Doctor that is the only way you can reopen it.
Did you sign any kind of a release form and get a final check from the insurance? If you signed a release, you are probably out of luck.
You can have whoever is treating you now write up a claim stating what the problems are and documenting the fact that in his opinion they are due to the injury and surgery which happened in 2004. You may have to get the records from the injury and surgery for you doctor.
If they refuse the claim you might try going to talk to an attorney. Go talk to one who does contingency work and who won’t charge you to review your case and won’t charge you unless he wins. They usually charge around 30% if they take the case.