Legal Definitions - change of condition

Change of Condition refers to a significant alteration in a situation or an individual's health that occurs after a legal decision or agreement has been made, often warranting a review or modification of that decision.

• In Workers' Compensation:

  This term describes a substantial worsening of an employee's work-related physical or mental health condition after they have already received an award or settlement for that injury or illness. When a change of condition occurs, the employee may be entitled to an increase in their workers' compensation benefits because their original award no longer adequately addresses their current medical needs or inability to work.

  • Example 1: A construction worker received a lump-sum settlement for a severe knee injury that initially allowed them to return to light-duty work. Five years later, the injury degenerates significantly, requiring extensive reconstructive surgery and rendering them completely unable to perform any work, even light tasks.

    Explanation: The worker's knee condition has substantially worsened since the original settlement, impacting their ability to work far more severely. This "change of condition" would allow them to petition for a review of their case and potentially receive increased benefits to cover new medical expenses and lost wages.

  • Example 2: An office employee was awarded ongoing medical treatment and temporary disability benefits for chronic back pain resulting from a workplace accident. After several years, their condition unexpectedly progresses to include nerve damage, leading to partial paralysis and requiring permanent assistive devices.

    Explanation: The development of nerve damage and partial paralysis represents a significant and unforeseen "change of condition" from their original diagnosis and treatment plan. This drastic worsening would likely justify a request for a re-evaluation of their benefits to account for their new, more severe disability and long-term care needs.

• In Family Law:

  In this context, "change of condition" is often referred to as a Change in Circumstances. It signifies a substantial and material alteration in the facts or situation of one or both parties involved in a family court order (such as child custody, visitation, or support). This change must be significant enough to warrant a modification of the existing court order, as the original order may no longer be fair or appropriate given the new reality.

  • Example 1 (Child Support): A parent who was ordered to pay a specific amount of child support experiences a sudden and involuntary job loss, followed by securing a new position that pays significantly less than their previous employment.

    Explanation: The substantial decrease in the paying parent's income constitutes a "change in circumstances" that could make the original child support order financially unsustainable. This would allow them to petition the court to modify the support amount to reflect their current financial reality.

  • Example 2 (Child Custody/Visitation): A parent with primary physical custody of a child decides to move out of state for a new job opportunity that offers better financial stability and a safer environment for the child.

    Explanation: The proposed interstate move represents a significant "change in circumstances" that would directly impact the existing child custody and visitation schedule. The court would need to review the situation to determine if modifying the original order is in the child's best interest, considering the new geographical distance.