Closure isn't necessarily forever. §123 has windows. Move within them.
What's happening
The case is closed in the WCB system. The carrier is no longer paying indemnity (and may not be paying ongoing medical, depending on how the case closed). New symptoms — increased pain, new neurological findings, need for surgery, decompensation of a previously stabilized condition — have emerged. The question is whether the current condition is causally related to the original work injury and whether the closure mechanism permits reopening.
What comes next
- Get current medical documenting the change. Treating physician evaluation, imaging if appropriate, comparison to records at time of closure. The medical record has to show change — worsening, new pathology, or a new manifestation of the original injury.
- Identify the closure mechanism. SLU paid out, non-schedule capped award reached, Section 32 settlement, case closed for failure to prosecute, case closed at MMI without further action. Each has different reopening implications.
- Check the §123 window. WCL §123 generally provides reopening rights within 7 years from the date of accident (or 18 years for certain categories). The window is calculated from the accident date, not the closure date.
- File an RFA-1LC for reopening. The Request for Further Action requesting reopening puts the issue in front of a Workers' Compensation Law Judge. Supporting medical and a clear statement of the change are required.
- Address any Section 32 implications. If the case closed via §32 settlement, reopening rights are severely limited — typically only for changed conditions that the agreement specifically did not cover. The agreement language controls.
Common pitfalls at this stage
- Assuming closure is permanent. Many workers don't know §123 reopening exists and live with worsening symptoms because they assume nothing can be done.
- Missing the §123 window. The 7-year (or 18-year) clock runs from accident, not from closure. A case that closed three years ago on a five-year-old accident has limited window remaining.
- Not connecting the new symptoms to the original injury. Reopening requires medical evidence linking current condition to the original work injury. Gaps in treatment make this harder.
- Trying to reopen a Section 32 case without reading the agreement. Section 32 agreements typically include broad release language that forecloses most reopening avenues. The exceptions are narrow.
Tools, FAQs, and pages relevant to this stage
When to call now
As soon as you notice meaningful worsening. The §123 window has hard deadlines and the medical record has to be built. Earlier is much better.
Attorney Advertising — Educational Use Only. This page provides general information about New York workers' compensation. It is not legal advice and does not create an attorney-client relationship. Every case turns on its facts. For analysis of your matter, contact Levi directly.