Monday, August 20, 2012
Petittion to Vacate Minnesota Workers Compensation Settlement
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