The claimant was involved in a motorcycle accident in 2013. In 2015 she signed a Settlement Disclosure Notice and Full and Final Release settling her claim for accident benefits. The claimant did not have legal representation when she signed the settlement documents. In 2017 the claimant submitted to the insurer an OCF-19 application for determination of catastrophic impairment, which was denied based on the full and final settlement agreement. The claimant applied to the LAT in 2020 seeking CAT determination. A preliminary issues hearing was held to determine whether she was barred from proceeding with her claim because she had entered into a valid settlement agreement. The self-represented claimant argued that the settlement was unfair because she was not mentally or physically fit when she entered into the settlement agreement. Adjudicator Paluch found that the settlement documents were fully compliant with the settlement regulation, and the claimant failed to establish that she was under duress or lacked the mental capacity to enter into the settlement agreement at the time the agreement was finalized. The application was dismissed.
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