Q: Impact of worker's comp stipulation on future impairment benefits?
I signed a stipulation regarding my workers' compensation claim three months ago, which stated that it resolves with finality any and all pending claims for benefits. Recently, I've received an impairment rating. What does this stipulation mean for my current situation and any potential future claims or benefits related to the impairment rating?
A:
I would need to review what you signed to answer the question.
If it just resolved a pending claim for benefits and is not a full and final settlement of all claims, it should not preclude additional benefits, including an award for an impairment rating.
My office is in Hampton if you would like to meet and discuss.
A:
Dear Sir or Madam:
If you signed a full and final settlement agreement for your work injury three months ago that was approved by the Virginia Workers Compensation Commission for your work injury, then your claim for that work injury most likely has ended. You can contact the Commission at 1-877-664-2566 and ask the Commission if that is what you did. You indicated you signed a paper that resolved with finality all claims for benefits for your work injury.
The Order approving your settlement is final after 30 days. If you feel you can show fraud or a mistake, you can try to move to set aside that Order. However, you may be called upon to return the money you received in the settlement. If you have more questions, then you can call me or another workers compensation lawyer.
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