You settled your case a few years ago and now you are wondering whether you made a mistake. Can a settlement be undone? The short answer is YES they can. However, the State of Minnesota has very strict requirements to do the same.
For awards issued after July 1, 1992, Minn. Stat. 176.461 defines cause for vacation of an award
as limited to the following: (1) mutual
mistake of fact, (2) newly discovered evidence, (3) fraud, or (4) a substantial
change in medical condition since the time of the award that was clearly not
anticipated and could not reasonably have been anticipated at the time of the
award. Where a change in condition is
alleged, the focus is on whether there has been a substantial or significant
worsening of the employee's condition and whether there is adequate evidence of
a causal relationship, comparing the employee's condition at the time of settlement with the employee's condition at the time of the petition to
vacate.
The Minnesota Workers Compensation Court of Appeals has a number of factors that may be considered in determining whether a substantial change
in condition has occurred, including a change in diagnosis; a change in the
employee's ability to work; an increase in permanent partial
disability; the necessity of more costly and extensive medical care or nursing
services than was initially anticipated; the causal relationship between the
injury covered by the settlement and the employee's current worsened condition; and the contemplation of the parties at
the time of settlement.
If you believe that you meet the above criteria contact our office TODAY at 651-414-0678 to discuss your case. Also feel free to visit our website at www.mndisability.com
