What if I get worse after my case is over?

If you've gotten an award (money for your disability) and then get worse, you may file a claim for a "change of condition" but only within one year. It can't be one year + one day; it must be within one year. This does not apply if you have "clinchered" your claim. S.C. Code Ann. 42-17-90 (1985) provides as follows:
Upon its own motion or upon the application of any
party in interest on the ground of a change in
condition, the Commission may review any award and on
such review may make an award ending, diminishing or
increasing the compensation previously awarded,
subject to the maximum or minimum provided in this
Title, and shall immediately send to the parties a
copy of the order changing the award. No such review
shall affect such award as regards any moneys paid and
no such review shall be made after twelve months from
the date of the last payment of compensation pursuant
to an award under this Title.


Questions & Answers on this blog are not specific legal advice.  See note on right.


Anonymous said...

What if an employee has been treated and released for an injury,case was closed, no hearing and then over a year later complains of a change in condition. Does the employer have to provide medical treatment or can they tell him to see his own doctor?

Sherry said...

How was the case closed? If not a hearing, were papers signed? Did the employee settle the case? There are all kinds of variables. As a commissioner, I saw cases that ended up having medical treatment provided for years and years.

Sherry said...

Anonymous: You also don't mention what state this employee is in. Workers' compensation laws vary from state to state.