Warning: Get Your Reopening Request Right


By Jason Weinstock on April 15, 2011
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Injured workers should be aware that if their insurer denies their request to reopen their claim, they may not request reopening again for at least a year.  For example, if you send a letter to the insurer asking to reopen your claim, but you do not attach any supporting medical reports, your request will be denied.  If you don’t appeal that denial, then you must wait a year after the date of the insurer’s denial to ask for reopening again. If you appeal the denial, but your lose your appeal,  you must wait a year after the final decision on your appeal before you may ask to reopen again.

You want to make sure that you first understand what your reopening rights are on your particular claim underNRS 616C.390.  Then, you want to make sure that you attach a medical report that is likely to get your claim reopened.  Finally, if your request is denied, you should pursue the appeals process to get your claim reopened if you don’t want to have to wait a year to request reopening again. 

If you had a lawyer represent you previously on your claim, your lawyer should be willing to help you reopen your claim.  If you decide not to bother with your lawyer, then it may be very difficult for your lawyer to help you later if your request is denied because you didn’t follow the proper reopening procedure.   Please read my blog posts about the reopening process before  you attempt to reopen.

 

 

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