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.
- A claim is not eligible for reopening if less than three hundred dollar was expended by insurer and claim closure was not appealed.
- 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
- 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and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.
- 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.
- 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