WCPanelIQ
PanelQMEMed-legalDenied

Valdez, Annette

ANNETTE VALDEZ, Applicant vs. SOUTHERN CALIFORNIA GAS COMPANY, Permissibly Self-Insured, Defendant

ADJ number
ADJ1991445
Decision date
Date unavailable
District office
Pomona
WCJ
—
Claim administrator
Southern California Gas Company, Permissibly Self-Insured
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: psyche

LC §5803LC §5804LC §5952

Summary

Annette Valdez, a meter mechanic alleging psychiatric injury from workplace harassment, settled her claim via a $2,500 Compromise & Release approved on February 28, 2002, on a denied (Thomas) basis supported by two QME reports finding the psyche claim non-industrial. More than 20 years later, while self-represented, she sought to set aside the Order Approving C&R, contending she was incompetent when she signed it in 2002. The WCJ found she failed to produce substantial medical evidence of incompetence at the time of settlement and failed to satisfy the stringent extrinsic fraud/mistake test. The WCAB granted reconsideration to study the matter and then affirmed the F&O, holding applicant did not meet her burden to show incompetence or fraud and emphasizing the strong public policy favoring finality of judgments.

Issues

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Holding

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