A petition to reopen is different than an appeal of a workers’ compensation award or decision. A petition to reopen based on a new or different disability is based on a change of facts or circumstances related to the disability after the last decision was made. In contrast, an appeal of a prior decision is based on the same facts that gave rise to the decision, but instead typically argues the decision was legally wrong. In this article, we will be discussing issues our Sacramento Workers’ Compensation Attorneys are generally confronted with in relation to reopening a case for new or further disability. Specially we will cover what is considered new disability and what the time limits are in order to reopen a workers’ compensation case. Lastly, we will discuss what information you should include in your petition to reopen a workers’ compensation claim.
In this article, we wanted to give you some guidelines on issues we are generally faced related to reopening a case for new and/or further disability. If your disability has gotten worse since you previously entered into a stipulation and award, or judgment entered in your case, and it has been less than five years, we encourage you to contact one of our Sacramento Workers’ Compensation attorneys for a free consultation.