44-528. Review and modification of awards; reinstatement; cancellation; effective date.
44-528
44-528. Review and modification of awards; reinstatement; cancellation;effective date.(a) Any award or modification thereof agreed upon by the parties, exceptlump-sum settlements approved by the director or administrative law judge,whether the award provides for compensation into the future or whether it doesnot, may be reviewed by the administrative law judge for goodcause shown upon the applicationof the employee, employer, dependent, insurance carrier or any other interestedparty. In connection with such review, the administrativelaw judge may appoint one or twohealth care providers to examine the employee and report to theadministrative law judge. The administrative law judge shall hear all competent evidenceoffered and if the administrative law judge findsthat the award has been obtained by fraud or undue influence, that theawardwas made without authority or as a result of serious misconduct, that the awardis excessive or inadequate or that the functional impairment or workdisability of the employee has increased or diminished, theadministrative law judge may modifysuch award, or reinstate a prior award, upon such terms as may be just, byincreasing or diminishing the compensation subject to the limitations providedin the workers compensation act.
(b) If the administrative law judge finds that the employeehas returned towork for the same employer in whose employ the employee was injured orfor another employer and is earning or is capable of earning the same or higherwages than the employee did at the time of the accident, or is capable ofgaining an income from any trade or employment which is equal to or greaterthan the wages the employee was earning at the time of the accident, or findsthat the employee has absented and continues to be absent so that a reasonableexamination cannot be made of the employee by a health care provider selectedby the employer, or has departed beyond the boundaries of the United States,the administrative law judge may modify the award and reducecompensation or may cancel theaward and end the compensation.
(c) The number of reviews under this section shall be limited pursuant torules and regulations adopted by the directorto avoid abuse.
(d) Any modification of an award under this section on the basis thatthe functional impairment or work disability of the employee has increasedor diminished shall be effective as of the date that the increase ordiminishment actually occurred, except that in no event shall the effectivedate of any such modification be more than six months prior to the date theapplication was made for review and modification under this section.
History: L. 1927, ch. 232, § 28; L. 1945, ch. 219, § 1; L.1955, ch. 250, § 7; L. 1968, ch. 102, § 8; L. 1970, ch. 190, § 8; L.1974, ch. 203, § 29; L. 1979, ch. 156, § 11; L. 1980, ch. 146, § 7;L. 1987, ch. 187, § 11; L. 1990, ch. 182, § 10;L. 1993, ch. 286, § 45; July 1.