Reopening

If a claimant’s case has been properly closed by the insurance company or self-insured employer, it can still be reopened within six (6) years of the date of injury or within two (2) years from the last payment of benefits.  However, the type of benefits received in the last two-year period will control the scope of how much the case can be reopened.  If the claimant can show a change in their physical condition, an error, or a mistake which caused the closing of the case, a position to reopen can be filed in their case.  If they are trying to file for reopening within two (2) years of the last receipt of benefits, and if the only benefits paid to them were medical benefits, the claimant may only open for additional medical care.  If the last receipt of benefits was temporary total disability, then they may petition to reopen for both medical benefits and temporary total disability.  The grounds for reopening are error, mistake, or change in condition.  A settlement may be reopened at any time on the grounds of fraud or mutual mistake of material fact.  The insurance carrier or self-insured employer may try to reopen the claimant’s award of permanent total disability benefits if they return to employment and are earning greater than $4,000.00 per year, or if they have participated in activities which show they can go back to work.  A carrier or self-insured employer can attempt to reopen an award for permanent disability if they can show that the claimant’s condition has substantially improved (Section 8-43-303, C.R.S.).