Q: Can I reopen a work comp case after a compromise and release settlement?
2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since not able to work I started feeling worthless, I can't go out and hang out friends anymore. Can't work. I've been referred to see a Psychologist and a Psychiatrist for my depression. Before getting injured at work. I was able to work everyday if they needed me. I felt good about myself. I was happy and enjoyed being around people. Now I just sit in the dark at home and mostly sleep or I'm just there. This has taken a toll on my relationship with my family and my fiance. Is there anything that can be done if my depression was caused by all the work related issues I had?
A: Within 5 years of the date of injury the court has more authority than after due to LC 5410. However, if you reopen your claim, are you prepared to pay back defendants the money they paid in good faith to settle the case? If not, then the answer is no.
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