No. Indiana law is not that simple, and your physician's statement is incorrect. Under Indiana workers' compensation law, whether you can return after maximum medical improvement (MMI) depends on several variables.
First, we must consider whether you settled your case through a full and final settlement (a Section 15 settlement) or through a State Form 1043.
If you settle your case under a full and final Section 15 settlement, you cannot return at any time, and your case is closed forever.
If you settle your case under a State Form 1043 Agreement to Compensation, which is more typical, you accept the authorized doctor's permanent partial impairment (PPI) rating on a State Form. In that case, the law allows you a period of time to reopen your case. To reopen, you must establish that you suffered a "change in condition," and you must file to reopen your case within the legal time limit.
Under Indiana Code Section 22-3-3-27(c), you must pursue a claim for a change in condition within two years from the last date for which compensation was paid under the Act.
How Do I Prove a Change in Condition?
Workers' comp judges are fairly liberal in defining a "change in condition." If you require additional medical treatment because of the work accident, and not because of any other incident or accident, you will probably meet your burden of proof. You do need evidence of a change in condition, and that evidence is typically a medical report establishing the need for additional medical care due to the work accident.
What Is the Deadline to File a State Form 29109 to Reopen My Case?
It is not correct that workers' comp insurance will cover your medical care for two years after MMI. Your deadline to reopen is two years from the last date for which compensation was paid. Your State Form 1043, the settlement agreement, might state the last date for which compensation was paid, and your adjuster will likely provide that date on the 1043 form.
To establish this date, the adjuster must take the monetary value of your PPI award (for example, $5,000) and divide it by your weekly temporary total disability (TTD) lost wage rate (let's assume $500). $5,000 / $500 = 10 weeks. In this example, we then add 10 weeks to your date of accident. If your date of accident is 1/1/25, adding 10 weeks brings us to 3/12/25. You would have two years from 3/12/25, or until 3/12/27, to file a State Form 29109 to attempt to reopen your case. You do not have two years from MMI/PPI to return under workers' comp.
Reopening your case is far from automatic. Again, you must file a State Form, establish that you suffered a change in condition, and do this within the time period provided under the Act.