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Petition To Re Open
#1
Hello Folks,

California claim.

One a petition to reopen is timely filed is there a regulation that closes it ? Can the claim hypothetically remain open forever without either side moving the claim to a resolution?

Thanks

Shadow.
 
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#2
technically I belive the board can retire the file so it is no longer active.
how jurisdiction would be affected is unknown.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(10-24-2015, 04:16 PM)1171 Wrote: technically I belive the board can retire the file so it is no longer active.
how jurisdiction would be affected is unknown.

So the petition can cause the claim to stay open forever ? Do you know of any regs regarding the issue? I know some claims stay open for years. Can't find much info on the issue unfortunately.

So as long as the petition to reopen.. has opened the claim. The claim would be subject to add on's .... correct?
 
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#4
the petition has the same force as an original application.
yes, once the "door" on the disability issue has been left open anything springing from the original compensable injury that contributes to additional disability is available for benefits.
"A petition to reopen is not necessary to obtain treatment for a medical condition that is a compensable consequence of the industrial injury, e.g. psychiatric treatment for a back injury.
Gardner v. WCAB 57 CCC 670"

reopening does not allow the parties to resurrect a prior dispute that was a subject in the original disposition.
If you are looking for more legal info on the issue, I suspect most of it would be in case law.
you might find something here:
https://getmedlegal.com/Quicklook/quick.asp
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
(10-25-2015, 12:34 PM)1171 Wrote: the petition has the same force as an original application.
yes, once the "door" on the disability issue has been left open anything springing from the original compensable injury that contributes to additional disability is available for benefits.
"A petition to reopen is not necessary to obtain treatment for a medical condition that is a compensable consequence of the industrial injury, e.g. psychiatric treatment for a back injury.
Gardner v. WCAB 57 CCC 670"

reopening does not allow the parties to resurrect a prior dispute that was a subject in the original disposition.
If you are looking for more  legal info on the issue, I suspect most of it would be in case law.
you might find something here:
https://getmedlegal.com/Quicklook/quick.asp


Thanks for your time .. I will check out  the web site ,try to learn as much as I can. Not a whole lot of info out there for this.
 
Reply
#6
if you had an atty, they still represent you.

I'm not sure how much information is needed, if you haven't pursued it and it has not been denied.
there are thousands of claims that have been reopened for new an further disability. I'm not sure there is any point in reviewing them even if they were available.
like most things if there is no issue or dispute, there is little reason for any researchable information.
if there was a particular precedent setting issue or finding that would elevate it above the normal, it would be the subject of appeals and written in case law studies.
if there is any case law on the subject, it most likely only in print or not available on the web without a subscription.

have you checked the case status on line?
was the petition granted?

you've only provided a hypothetical. without context and facts I can't be specific.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#7
(10-25-2015, 05:38 PM)1171 Wrote: if you had an atty, they still represent you.

I'm not sure how much information is needed, if you haven't pursued it and it has not been denied.
there are thousands of claims that have been reopened for new an further disability. I'm not sure there is any point in reviewing them even if they were available.
like most things if there is no issue or dispute, there is little reason for any researchable information.
if there was a particular precedent setting issue or finding that would elevate it above the normal, it would be the subject of appeals and written in case law studies.
if there is any case law on the subject, it most likely only in print or not available on the web without a subscription.

have you checked the case status on line?
was the petition granted?

you've only provided a hypothetical. without context and facts I can't be specific.

Petition does not show on EAMS , however I believe that carrier voluntarily re -opened with my AA . For now I am going to " wait and see " what happens . I have a pretty unique situation and because of that it wouldn't be too hard to identify me on this forum . So I can't say a whole lot.. I wanna stay anonymous .  

So my question now is : that should the petition show on EAMS ? There have been some mistakes on my case .. kinda serious mistakes actually .

Thanks,

Shadow
 
Reply
#8
I'm not sure what you mean by "voluntary".
they can agree not to oppose the petition but it is still up to the court to determine whether its valid.
if they are cooperating by volunteering to reopen, you have to wonder why neither of you haven't done more to establish the extent of the additional PD. must be in both your best interest to keep it unresolved.
once it has been fixed there are no more opportunities to change the award.
of course the claim can be C&R'd at any time.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
(10-27-2015, 03:14 AM)Shadow Wrote:
(10-25-2015, 05:38 PM)1171 Wrote: if you had an atty, they still represent you.

I'm not sure how much information is needed, if you haven't pursued it and it has not been denied.
there are thousands of claims that have been reopened for new an further disability. I'm not sure there is any point in reviewing them even if they were available.
like most things if there is no issue or dispute, there is little reason for any researchable information.
if there was a particular precedent setting issue or finding that would elevate it above the normal, it would be the subject of appeals and written in case law studies.
if there is any case law on the subject, it most likely only in print or not available on the web without a subscription.

have you checked the case status on line?
was the petition granted?

you've only provided a hypothetical. without context and facts I can't be specific.

Petition does not show on EAMS , however I believe that carrier voluntarily re -opened with my AA . For now I am going to " wait and see " what happens . I have a pretty unique situation and because of that it wouldn't be too hard to identify me on this forum . So I can't say a whole lot.. I wanna stay anonymous .  

So my question now is : that should the petition show on EAMS ? There have been some mistakes on my case .. kinda serious mistakes actually .

Thanks,

Shadow

You can request a copy of your file on CD or in paper from the board your case is located.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#10
if he has an atty, I wouldn't be surprised if they kick it over to them.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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