The 20 year old claimant was involved in an accident in 2014, suffering various orthopaedic injuries and a head injury. He entered a full and final settlement in April 2016. In June 2016, he underwent a capacity assessment, and the assessor concluded that the claimant lacked capacity. Based on the assessment, the claimant through counsel requested that the settlement be set aside; the insurer refused. Adjudicator John concluded that the claimant failed to prove that he did not have capacity when he entered into the settlement, so the settlement was valid. The medical evidence submitted did not override the legislative presumption that a person has capacity. The insurer submitted numerous medical records from the period leading up to the settlement that showed the claimant demonstrated appropriate cognitive function, including vocational assessments, neuropsychological testing, and occupational therapy assessments. The claimant’s ongoing problems (fatigue, irritability, depressed mood, forgetfulness, poor concentration, and poor memory) did not impact his ability to understand the implications of signing the settlement agreement. It was also noted that the claimant was represented by counsel during the settlement negotiations and cooling off period, and no objections were raised at that time.
Menu