(1)At any time within six years after the date of
injury, the director or an administrative law judge may, after notice to all parties,
review and reopen any award on the ground of fraud, an overpayment involving the
circumstances described in section 8-42-113.5, an error, a mistake, or a change in
condition, except for those settlements entered into pursuant to section 8-43-204
in which the claimant waived all rights to reopen an award; but a settlement may be
reopened at any time on the ground of fraud or mutual mistake of material fact. In
cases involving the circumstances described in section 8-42-113.5, recovery of
overpayments shall be ordered in accordance with said section. If an award is
reopened on grounds of an error, a mistake, or a change in condition, compensation
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(1) At any time within six years after the date of
injury, the director or an administrative law judge may, after notice to all parties,
review and reopen any award on the ground of fraud, an overpayment involving the
circumstances described in section 8-42-113.5, an error, a mistake, or a change in
condition, except for those settlements entered into pursuant to section 8-43-204
in which the claimant waived all rights to reopen an award; but a settlement may be
reopened at any time on the ground of fraud or mutual mistake of material fact. In
cases involving the circumstances described in section 8-42-113.5, recovery of
overpayments shall be ordered in accordance with said section. If an award is
reopened on grounds of an error, a mistake, or a change in condition, compensation
and medical benefits previously ordered may be ended, diminished, maintained, or
increased. Reopening does not affect the earlier award as to money already paid
except in cases of fraud. Any order entered under this subsection (1) is subject to
review in the same manner as other orders.
(2) (a) At any time within two years after the date the last temporary or
permanent disability benefits or dependent benefits excluding medical benefits
become due or payable, the director or an administrative law judge may, after
notice to all parties, review and reopen an award on the ground of fraud, an
overpayment, an error, a mistake, or a change in condition, except for those
settlements entered into pursuant to section 8-43-204 in which the claimant
waived all right to reopen an award; but a settlement may be reopened at any time
on the ground of fraud or mutual mistake of material fact. Upon a prima facie
showing that the claimant received overpayments, the award shall be reopened
solely as to overpayments and repayment shall be ordered. In cases involving the
circumstances described in section 8-42-113.5, recovery of overpayments shall be
ordered in accordance with said section. If an award is reopened under this
paragraph (a) on grounds of an error, a mistake, or a change in condition,
compensation and medical benefits previously ordered may be ended, diminished,
maintained, or increased. No such reopening shall affect the earlier award as to
moneys already paid except in cases of fraud or overpayment. Any order entered
under this paragraph (a) shall be subject to review in the same manner as other
orders.
(b) At any time within two years after the date the last medical benefits
become due and payable, the director or an administrative law judge may, after
notice to all parties, review and reopen an award only as to medical benefits on the
ground of an error, a mistake, or a change in condition, except for those settlements
entered into pursuant to section 8-43-204 in which the claimant waived all right to
reopen an award; but a settlement may be reopened at any time on the ground of
fraud or mutual mistake of material fact. If an award is reopened under this
paragraph (b), medical benefits previously ordered may be ended, diminished,
maintained, or increased. No such reopening shall affect the earlier award as to
moneys already paid. Any order entered under this paragraph (b) shall be subject to
review in the same manner as other orders.
(3) (a) When a claimant has been awarded permanent total disability
benefits, the award may be reopened at any time to determine if the claimant has
returned to employment. If the claimant has returned to employment and has
earned in excess of seven thousand five hundred dollars per year or has
participated in activities that indicate that the claimant has the ability to return to
employment and earn in excess of seven thousand five hundred dollars in a year,
the claimant's permanent total disability award shall cease and the claimant is not
entitled to further permanent total disability benefits as a result of the injury or
occupational disease that led to the original permanent total disability award. Any
subsequent permanent partial disability benefits awarded for the same injury or
occupational disease shall be decreased by the amount of permanent total
disability benefits previously received by the employee.
(b) On July 1, 2022, and each July 1 thereafter, for injuries sustained on or
after January 1, 2022, the director shall adjust the amount of earnings required for
ceasing permanent total disability by the percentage of the adjustment made by
the director to the state average weekly wage pursuant to section 8-47-106.
(4) The party attempting to reopen an issue or claim shall bear the burden of
proof as to any issues sought to be reopened.