§85A-80. Review of compensation judgments.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A final order for permanent disability is a final adjudication of all issues pending in the claim unless reserved in the order or by operation of law. Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation judgment, award, or decision. Such review may be done at any time within six

(6)months from the date of the last order in which monetary benefits were awarded or active medical treatment was provided, on the Commission's own motion or on the application of any party in interest, and unless filed within such period of time shall be forever barred. On review, the Commission may make a judgment or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this title. An order denying an application to reopen a claim shall not extend the period of time set out in this title for reopening the claim. A failure to comply with a medical treatment plan ordered by the Commission shall bar the reopening of a claim.

B. The review and subsequent award shall be made in accordance with the procedure prescribed in Sections 69 through 78 of this title. No review shall affect any compensation paid under a prior order, judgment or award.

C. The Commission may correct any clerical error in any compensation judgment or award within one

(1)year from the date of its issuance.

D. Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition. Aging or the effect of aging on a compensable injury shall not be considered in determining permanent disability under this section or any other section in this act. Added by Laws 2013, c. 208, § 80, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 30, emerg. eff. May 28, 2019.