Camacho, Francisco

In this death claim, the widow Socorro Robles Camacho executed a Power of Attorney in favor of her son Jorge Robles on 9-5-2020 regarding her deceased husband's WCAB case. The widow died on 2-11-2021, but on 4-1-2021 her son signed a Compromise and Release using the Power of Attorney without disclosing her death to the defendants or the WCJ. After an Order Approving issued and the check could not be negotiated, defendants learned of the death and petitioned to set aside the OACR and C&R. The WCJ found the Power of Attorney was not durable and terminated upon the principal's death under Civil Code section 2356 and Probate Code section 4152, that the transaction was not 'bona fide' so the section 2356(b) exception did not apply, and that the parties labored under a mutual mistake of fact, voiding the C&R. The WCAB adopted and incorporated the WCJ's report and denied the Petition for Reconsideration.