Tomka, Minerva

Applicant Minerva Tomka sought reconsideration of a June 2, 2025 RF&O in which the WCJ denied her Petition to Set Aside Stipulations with Request for Award (approved January 2, 2025), finding no fraud, misrepresentation, duress, or mutual mistake, and that applicant had capacity to contract. Applicant alleged the settlement was procured by fraud and bad faith because defendant failed to provide a DEU Consultative Rating, and that her occupational group should reflect a combination of 112, 211, and 214; she also sought clerical corrections. The Board granted reconsideration to correct clerical errors and confirm occupational group 214, but otherwise affirmed the WCJ. The Board found consultative ratings are not admissible under WCAB Rule 10166(b) and found no evidence of fraud or other good cause to set aside the stipulations. The RF&O was rescinded and substituted with a new RF&O reflecting occupational group 214 and corrected dates.