How Do I Reopen My Kansas Workers’ Comp Case?

Sometimes, but it depends on what was awarded or settled and which rights remain open. Kansas allows review and modification of some workers’ compensation awards. An approved lump-sum settlement is excluded from the ordinary award-review process. Continuing pain alone does not establish a right to undo a settlement. A request for more treatment under an award is a separate question.

Start with your written award or settlement documents. Check whether they preserve future medical benefits, review and modification, or neither. A Kansas workers’ compensation attorney can assess the documents, the relevant dates, and the medical evidence before recommending a next step.

Reviewing an award is different from reopening a settlement

K.S.A. 44-528 allows an administrative law judge to review certain awards on an application showing good cause, including a change in functional impairment or work disability, or other statutory grounds. The statute expressly excludes approved lump-sum settlements. Do not assume that receiving a lump sum means every possible benefit was closed, or that a change in your condition automatically reopens the case; the actual agreement and approval matter.

If your concern is whether the settlement was properly approved or whether something went wrong at the hearing, see our separate video answer about when a workers’ compensation settlement may be challenged. Have the settlement and hearing record reviewed rather than relying on a general video to decide whether your agreement can be undone.

If your award left future medical treatment open

Seeking additional treatment may be possible without undoing the settlement or obtaining additional disability compensation. Under K.S.A. 44-510k, post-award medical hearings can address furnishing, terminating, or modifying treatment. The work injury underlying the award must be the prevailing factor in the need for treatment, and the care must be necessary to cure or relieve its effects.

The statute also permits an employer to apply to terminate future medical benefits after two years without authorized treatment, measured from the award or the last authorized treatment. That is a hearing process with an opportunity to present evidence, not automatic termination on the two-year anniversary. Obtain advice about the actual treatment history and any application or notice.

Our related answer explains getting more treatment when you already have a work-comp award. Bring a current medical recommendation and records addressing how the proposed care relates to the original injury.

Records to bring for a case review

• The written award, settlement agreement, releases, and any later orders.
• The injury date, settlement or award date, and claim number.
• The settlement-hearing transcript, if available. If you do not have it, tell the attorney where and when the hearing occurred.
• Authorized-treatment records, the date of the last authorized treatment, and current medical recommendations.
• Letters from the insurer or employer about medical care, closed benefits, or a pending hearing.

Keep copies of the documents you have; do not delay seeking advice simply because a record is missing. The dates and the law applicable to your situation need individual review. A later change in Kansas law or a general explanation in an older video does not, by itself, undo an earlier settlement.

Roger’s video answer: what paperwork should you check?

In this Lawyer on the Line segment, Roger discusses a caller’s continuing problems after a finger injury and an earlier settlement. He asks how the settlement was approved and whether medical benefits were left open. His practical recommendation is to obtain the settlement paperwork and hearing transcript for review. This is a summary of the discussion, not a conclusion about another person’s claim.

• About 1:10: Roger asks whether the settlement was approved at a settlement hearing.
• About 1:40: He distinguishes a closed settlement from a case with medical benefits left open.
• About 2:00: He recommends gathering the paperwork and hearing transcript for review.

Talk with a Wichita workers’ compensation attorney

Riedmiller, Andersen & Scott, LLC, also known as Lawyer on the Line, offers free consultations. For help assessing an existing award or settlement, request a consultation or call (316) 648-1369. Learn more about our Wichita workers’ compensation practice.

This page provides general information about Kansas workers’ compensation. It is not advice about a particular award or settlement.