CompFox AI Summary
The applicant sought to set aside a Compromise and Release (C&R) settlement, alleging severe cognitive impairment at the time of signing. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the original decision. The WCAB found that the physician's report, which formed the basis of the applicant's claim of impairment, was speculative as the physician was not present at the settlement. Furthermore, the WCAB deferred to the administrative law judge's credibility determination, who found the claims of incompetence not credible.
Full Decision Text1 Pages
The applicant sought to set aside a Compromise and Release (C&R) settlement, alleging severe cognitive impairment at the time of signing. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the original decision. The WCAB found that the physician's report, which formed the basis of the applicant's claim of impairment, was speculative as the physician was not present at the settlement. Furthermore, the WCAB deferred to the administrative law judge's credibility determination, who found the claims of incompetence not credible.
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