Reopening A Work Comp Case Because Of A Worsening Medical Issue In Minnesota

Once a settlement has been reached in a workers’ compensation case, it is very rare for the case to be reopened on the pretense of adjusting the settlement or providing the claimant with additional damages. As we’ve detailed on the blog in the past, workers’ compensation cases can only be reopened for a couple of different reasons, including:

A mutual mistake of fact
Newly discovered evidence
Fraud
And unforeseeable and substantial change in medical condition

Successfully reopening a workers’ compensation case after it has been settled is rare, but when it does happen, it is most commonly reopened due to a substantial change in medical condition. Let’s take a closer look at how you can reopen your workers’ compensation case if your medical situation has worsened after a work injury.

Factors The Court Considers When Reopening A Work Comp Case On A Medical Basis

Minnesota statute 176.461 dives deeper into the factors the Workers’ Compensation Court of Appeals evaluates when considering reopening a previously settled workers’ compensation case. Those factors include:

A change in diagnosis
A change in the employee’s ability to work
Additional permanent partial disability
The necessity of more costly and extensive medical care than initially anticipated
Causation
The contemplation of the parties at the time of settlement

You’re already going to be facing a tall task if you hope to get your case reopened, so if you’re facing new medical challenges, your best move is to connect with a workers’ compensation lawyer. We’ve successfully argued that settlements should be vacated for clients in the past, and we can do the same for you in your time of need. Let us dive into the details of your case, work with your treating physician and paint a clear picture that an unforeseen medical issue arising as a result of your initial injury warrants additional compensation.

Don’t let the insurance company tell you that your case is closed. While it may be closed on their end, they don’t have full and final say in how your case plays out. You can appeal the decision to the Workers’ Compensation Court of Appeals and have your case heard. It won’t be easy, but if you truly have experienced a significant change in your medical situation that merits attention, we want to be an ally for you. We’ll work to get you the compensation you deserve by doing our best to get your case reopened.

It can be difficult to put an accurate gauge on future medical expenses and if your health takes a turn for the worse, but know that you’re not out of luck. You can and do have options when it comes to reopening your previously settled injury case, and we want to be a resource for you. For more information, or for help filing a standard workers’ compensation claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.