Reopening a Workers’ Compensation Claim in Arizona: What You Need to Know

Posted in Workers comp claims on October 12, 2021

Key Takeaways

Arizona law allows reopening a workers’ compensation claim after closure.
A Petition to Rearrange or Reopen must be filed with the ICA.
Objective medical evidence must show the condition worsened since closure.
A claim cannot reopen based solely on increased pain.
Both the worker and insurance carrier may petition to reopen.

Unlike traditional personal injury lawsuits, an Arizona workers’ compensation case isn’t necessarily “over” just because it’s closed. Arizona law allows for reopening a workers’ compensation claim under specific circumstances, even after you have already received benefits.

Both the injured worker and the insurance carrier maintain the right to petition for a reopening. Whether you need to secure additional medical benefits or address a worsening condition, understanding the legal hurdles of the Industrial Commission of Arizona (ICA) is the first step toward protecting your future.

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The Process of Reopening a Workers’ Compensation Claim in Arizona

To initiate the process, you must file a formal Petition to Rearrange or Reopen with the ICA. While the forms are available on the Industrial Commission of Arizona’s website, simply filling out the paperwork is rarely enough.

Insurance carriers in Phoenix and throughout Arizona frequently deny these petitions. To succeed, you and your attorney must provide “objective” medical evidence. In legal terms, you must prove that your condition has changed for the worse since the date the claim was last closed.

4 Common Reasons for Reopening a Claim

There are specific legal “triggers” that justify reopening a workers’ compensation claim. If you find yourself in one of the following situations, you may be eligible for additional compensation:

Unexpected Worsening of the Condition: If a back injury or joint issue deteriorates despite previous treatment, you can petition to reopen. You will need a medical professional to testify that this decline is directly linked to the original workplace incident.
Discovery of Additional Injuries: Occasionally, a primary injury masks a secondary issue (such as nerve damage or internal scarring) that only becomes apparent months later. These “new” discoveries must still be linked back to the initial date of injury.
New Treatment Recommendations: Medical technology and protocols evolve. If your doctor discovers a more effective surgery or therapy that wasn’t available or recommended when your claim was first settled, you can seek coverage for this new treatment.
Transition to Permanent Disability: If a recovery plateaus and it becomes clear that you can no longer return to your previous job duties, you may need to reopen the claim to transition from temporary benefits to permanent disability status.

The “Objective Medical Findings” Requirement

In Arizona, you cannot reopen a claim based solely on increased pain. The law generally requires objective medical findings—things that can be seen on an MRI, X-ray, or through specific diagnostic testing. This is why the insurance company will often push back; if there isn’t a “visible” change in your pathology, they will argue the claim should remain closed.

How a Phoenix Workers’ Compensation Attorney Can Help

Reopening a workers’ compensation claim is a high-stakes legal battle. Employers and insurance carriers are incentivized to keep claims closed to protect their bottom line.

A skilled attorney helps by:

Gathering the necessary medical evidence and expert testimony.
Ensuring the Petition to Reopen is filed correctly to avoid procedural denials.
Representing you in hearings before an ICA Administrative Law Judge.

If you are struggling with a permanent disability or a worsening injury, don’t navigate the ICA alone. Let an experienced lawyer handle the insurance carrier so you can focus on your health.

At Crossman Law Offices, we help injured workers understand their rights and identify every available path to compensation. Contact us today at 602-782-5033 to speak with a Glendale workers’ comp lawyer.

Avery N Crossman

Ms. Crossman is a State Bar Board Certified Workers’ Compensation Specialist and is past Co-Chair of the State Bar Workers’ Compensation Section. She has served as a faculty member at the State Bar Seminar on Professionalism and is a former Judge Pro Tempore in the Arizona County, Justice, and Superior Courts. In the past, she has spoken at seminars on Workers’ Compensation sponsored by the Industrial Commission of Arizona and the Arizona Association of Lawyers for Injured Workers. Ms.Crossman is a long-time member of the Arizona Association of Lawyers for Injured Workers. She is also a member of American Mensa.