In personal injury claims, once a settlement is finalized, that’s pretty much it. There is no going back to ask for more or alter the terms of the agreement. However, a workers’ compensation attorney can often help employees reopen claims after settlement.
This type of workers’ compensation assistance is imperative in cases where an employee has a disability that has recurred or increased. Whether a case can be reopened often hinges on whether it was settled by a “stipulation and award” or “compromise and release.” The latter usually resolves all worker’s claims – including into the future. Absent fraud, these settlements are usually final. However, cases that are resolved by stipulation and award can usually be reopened.
In the recent case of Poremba v. Southern Nevada Paving, the question was whether a worker was precluded from reopening his workers’ compensation claim after spending some of the settlement money on non-medical expenses. Continue reading