Legal Question in Workers Comp in Texas
Can I have an old case re-opened
I setteled my case 15 years ago after having two back surgeries. Included in the original settlement was medical coverage on my back for 15 years. I have recently had a third surgery on my back and my medical benefits expire at the end of this year. I was told by my doctor that future surgeries are inevitable and this would be an on-going proccess for the rest of my life. With that said, can I have my case re-opened and get the medical benefits extended for life? My original claim was a Texas case, but I now live in Arizona. If I can re-open the case, can I do it from here in Arizona, or do I have to do it from Texas?
1 Answer from Attorneys
Re: Can I have an old case re-opened
Arizona workers' compensation claims remain under the jurisdiction of the Industrial Commission of Arizona regardless of the claimant's location. You must, however, request the ICA's permission to reside outside Arizona while under active medical care, so in addition to a Petition to Reopen, you will want to file that form, as well. (You can find that form, and others, at http://www.ica.state.az.us/ica_forms.htm .)
I have never heard of future medical benefits with an expiration date. Your settlement, however, will probably preclude you from receiving compensation during reopening until the credit (created by your settlement) is used up.