The Workers' Compensation Board retains jurisdiction over your old claim under Section 123 of the Workers' Compensation Law. Having jurisdiction allows the Board to entertain your motion to re-open an old claim. However, under many circumstances you may only re-open an old claim if there exists a substantial justification for doing so. Among the good reasons typically allowed for re-opening old claims is that the injured worker’s injury has changed or worsened (such as if surgery is now warranted where this was not the case when the claim was previously "closed").
Workers who desire to re-litigate stale claims merely because the worker failed to obtain the particular result desired will find it difficult to succeed before the Workers' Compensation Board on a motion to re-open a closed claim. Therefore, if you desire to re-open an old claim, you are best advised to seek experienced legal assistance. Please Contact Us to find out whether our office can be of assistance in re-opening your particular closed claim.
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