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The Law & You

I Signed a Compromise and Release. Can I Reopen My Workers Compensation Claim?

The Law & You
September 27, 2018

The Law and You

I Signed a Compromise and Release. Can I Reopen My Workers Compensation Claim?

An injured worker had settled her workers’ compensation claim through the way of compromise and release a few years ago. Yet she’s still having issues with her injury. Can she reopen her case? Workers compensation attorneys Greg Fellerman and Ed Ciarimboli know the answer.

Dave Kuharchik: Time once again for “The Law & You” tonight at the virtual law center. Brand new desk for the guys this week.

Greg Fellerman: Amazing.

Dave: Attorneys Greg Fellerman and Ed Ciarimboli, they’re well taken care of here at the station.

Ed Ciarimboli: I love it! Thank you very much. This desk is really nice. It makes us look smarter.

Dave: Well you always have good answers. And another fascinating question tonight for our viewers. Sydney in Wilkes-Barre says, “I settled my workers compensation case by way of compromise and release a few years ago and I am still having problems.” Sydney wants to know if she can reopen the case here?

Ed: You cannot. Anytime you have a compromise and release, you’re going to have to go before a judge. The judge is going to essentially ask you a number of questions. And in those questions, he’s going to say, “Do you understand that in settling your case now, it can’t be reopened?” So the short answer is no, you’re not going to be able to reopen your case absent of some type of fraud which, in the 20 years of practicing law, I’ve never seen.

Greg: And the judges do a great job. They really do a very thorough hearing, small but brief formal hearing. But they really ask all the questions. You have to sign, read, and acknowledge, in the presence of the judge, defense counsel, your lawyer, and a court reporter. I find them very hard to set aside. It’s not going to happen.

Ed: Virtually impossible. Honestly, virtually impossible. They really go through a lengthy question and answer to make sure that everybody understands. Because you’re giving up your rights. They really do go through and make sure you understand what you’re doing.

Dave: And those that have issues with workers’ comp, can reach out to you guys by phone, by the internet, by social media. And don’t forget results matter. Attorneys Greg Fellerman and Ed Ciarimboli, guys thank so much.

Greg and Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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