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Well the question to that answer has many variables. The first thing to consider is what type of settlement you previously received. If your claim resolved by a Compromise and Release agreement, then there is little to nothing that can be done to have your original settlement withdrawn. The reasoning is that a signed Compromise and Release agreement is a binding contract which is enforceable. It is quite rare that a party can withdraw from a fully executed Compromise and Release. The only way that a Compromise and Release agreement can be “set aside” is based upon a showing of fraud, mutual mistake of fact, duress, or undue influence.
If your case settled by way of a Stipulations with Request for Award, there is an opportunity to have your case reopened for further disability. This is done by filing a Petition for New and Further with the Workers’ Compensation Appeals Board setting forth specifically and in detail the facts relied upon to establish new and further disability. This can include new medical reports to substantiate your claim. In this situation, your claim can be reopened for up to five years after the original date of injury for good cause. Good cause can include a change in the underlying condition(s) that could have not been anticipated, which may result in further disability.
If your condition has worsened, and a Petition to Reopen has been completed within five years from your date of injury, it is possible that you could be entitled to more money for your injury. However, the extent of your impairment is determined by a physician.
If you have questions about treatment for your workers' compensation injury and want to talk to an attorney in Fresno, please call 559-408-7436 or fill out the form to the right.