Q: Should I have received a notice by my workers comp Ins as to why they didn’t add my shoulder to the DWC-CA form 10214?
Had a neck and shoulder injury. My neck was listed on the Appeals Board Stipulations with Request for Award application but my shoulder wasn’t even though the QME stated that I needed future medical. Was I suppose to have received document/documents as to why I wasn’t getting future medical for my shoulder?
A: If the settlement was approved by the Judge, you have 20 days from approval to ask that the mistake be corrected. If you are beyond 20 days, you can use Labor Code section 5803 to request the mistake be corrected, however, it's not automatic that a judge would make any changes to the settlement.
Labor Code 5803. The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of this division, and the decisions and orders of the rehabilitation unit established under Section 139.5. At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor.
This power includes the right to review, grant or regrant, diminish, increase, or terminate, within the limits prescribed by this division, any compensation awarded, upon the grounds that the disability of the person in whose favor the award was made has either recurred, increased, diminished, or terminated.
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