Personal Injury Blog

Workers' Comp Claim Reopening

Posted By Las Vegas Personal Injury Lawyer || 3-Apr-2013

On a regular basis, our firm receives phone calls from people asking about claim reopening. Here are a few important facts to consider before applying for workers' compensation claim reopening.

  1. A claim is not eligible for reopening if less than three hundred dollar was expended by insurer and claim closure was not appealed.
  2. A claim which did not result in being out-of-work and/or the Nevada injured worker did not have a rating evaluation for ppd can only be reopened w/in 1 year of claim closure
  3. There is a higher standard to meet for reopening within one year of claim closure. In that case, the application must be:
    • Supported by medical evidence demonstrating an objective change in the medical condition of the claimant; and
    • Proven by clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.
  4. A claim may be reopened for medical investigation only. During this time the insurer will typically arrange for you to see a physician chosen by the insurance company to confirm or rule out claim reopening. As can be expected, some doctors are more likely than others to opt for reopening.
  5. If the above situations do not apply, reopening should be granted upon application accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained
Categories: Workers Compensation
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