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Is a decision or settlement final?
Not always. If the case is tried and a decision rendered by the Workers' Compensation Commission, here are some changes that could subsequently occur:
- You could at any time ask for additional medical services to cure or relieve the effects of the injury or disease.
- Within 30 months of a decision by the Commission, either party may file a petition for increased or reduced benefits. Your employer may believe that the disability has decreased, or you may contend that the disability has increased. A similar deadline to petition for increased or reduced benefits comes 60 months after the Commission issues a decision or approves a settlement contract payable in installments for wage differential benefits.
- If the Commission has issued a decision for permanent total disability, your employer can petition the Commission at any time for an order to terminate benefits. Of course, the employer will need to offer proof that you are no longer totally disabled.
A settlement normally closes the case forever unless the parties agree otherwise in the settlement agreement.
Contact the experienced workers' compensation attorneys at Drake & Collopy, P.C. online or call us at 312.345.0220, or toll free at 1.888.372.5355, for more information or to schedule a free consultation.
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