You may be able to make a claim for workers’ compensation benefits, even if you settled a claim with a disputed claims settlement.
A recent case from the Oregon Workers’ Compensation Board illustrates this point. The injured worker suffered an on-the-job injury, and eventually entered into a disputed claims settlement. Several years later, the injured worker experienced ongoing symptoms, and made a claim for post traumatic stress syndrome. The Board found that the prior settlement included the post traumatic stress syndrome, and concluded that the injured worker could not now make a claim for that particular condition.
Whether you can make a claim for a “new” or “omitted” condition depends upon what conditions were resolved in the disputed claims settlement. Many disputed claims settlement documents include a litany of all medical conditions appearing in the medical records to prevent future claims. However, depending upon the situation, it may be worth exploring the possibility of a new claim.
If you have a question about making a new claim, even after you have resolved your case, call us at 503-325-8600. We have extensive experience representing injured workers in Oregon.