You may have a right to petition to reopen your workers’ compensation case if your condition related to your workers’ compensation injuries results in “new and further” disability. If you resolved your workers’ compensation by Stipulation with a lifetime medical Award, you can file a petition to reopen. If you settled your case completely, by Compromise and Release settlement, you cannot.
File a petition to reopen
The first step to reopening your case is filing a Petition to Reopen. This request asks the California Workers’ Compensation Appeals Board (WCAB) to review your case again. You must file this petition within five years from the date of your original injury. This is a strict deadline – if the five-year period passes, you generally cannot reopen the case. When filing the petition, you’ll need:
- Medical reporting from your doctor indicating that your condition worsened or that new body parts are disabled as a result of your work injury(ies).
- Any documentation you believe supports your case, such as personal physician records or Emergency Department records
- Completed forms including a Document Cover Sheet and Document Separator Sheet
Keeping everything organized will ensure you don’t miss any important paperwork that could delay your case.
The role of the WCAB
Once you file your petition, the WCAB can review your case and decide if you presented enough information to justify reopening it. They will carefully examine your medical records and any supporting evidence to assess the severity of your condition. You’ll be required to return to the Qualified Medical Evaluator (QME) to obtain a medical report to provide to the WCAB.
If approved, reopening the case may allow you to receive additional benefits if your disability has increased, according to the QME. The WCAB’s decision can significantly impact your access to the care and support you need moving forward.
Reopening a workers’ compensation case requires staying proactive and organized. This can make a significant difference in securing additional benefits if your condition has worsened. By understanding the process, you can take the necessary steps to address new or worsening conditions related to your work injuries.