Reopening a Case for Worsening Condition
For reopening a Maryland workers compensation due a worsening condition from a work-related injury, an employee can reopen an application for workers compensation benefits within 5 years of the date from the last compensation payment along with evidence showing the employee condition has worsen and to support reopening of a workers’ compensation claim. However, several cases do not come up for reopening because of two reasons which are the injuries do not warrant additional treatment after the claimant reached maximum medical improvement or the cases are settled. Suppose the case is rated as permanent disability, after the initial award for permanent disability, it is difficult to receive additional worsening without more treatment. If your injury has worsened after the initial award, in Maryland, you can receive additional funds of worsening your injury such as temporary partial disability benefits, temporary total disability benefits, permanent total disability benefits, or permanent partial disability benefits. For your reopening cases, they involve a serious injury and require surgical treatments or years of pain management. Claimants and lawyers must be aware when a claimant can file for a reopening of a case before the deadline of the filing. If the reopening of the case is not filed by the deadline, the case is barred according to the limitations set by the Maryland Workers Compensation Commission. You have foreclosed your rights to receive any more workers compensation benefits.
The employee who is seeking additional funds for permanent disability benefits, a new permanent impairment rating should be acquired. The rating would show additional medication treatment received due to the increase in permanent impairment from the worsening of the work- related injury. The claimant’s attorney should have ready all new treatment since the last impairment rating when conducting the reopening hearing along with any awards or orders which they are seeking to increase and the new permanent impairment hearing.
All workers compensation cases are unique. If your reopening case was denied, you will receive a Notice of Dispute showing the determination made by the Commissioner. The determination will also include your right to request a hearing. In requesting a hearing, you will need to figure out a series of issues you want to contest and send it to the Workers’ Compensation Commissioner. You and the insurer/employer can argue their positions at the hearing.
If you are unsatisfied with the decision from the Commissioner, you can request a rehearing which you have 15 days to do so. A rehearing will only be awarded if there is a legal error was made, or you have new, solid evidencing to help your case. If you are denied a rehearing, you can appeal to the Circuit Court within 30 days. At the Circuit Court, you and the employer/insurer will be heard again. You will have to prove why the commissioner committed an error in their ruling.
As your Frederick Maryland Workers Compensation Attorney with regards to Maryland Workers Compensation Reopening Process, the Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Frederick Maryland Workers Compensation Lawyer with regards to the Maryland
Workers Compensation Reopening Process. You can contact the Soubra Law Firm at 301-219- 5038 or through information link from this website.