Toro v. G4S Compliance & Investigations, Inc., 103020 SDWC, 103020 SDWC, 134, 2019/20

• Case Date: October 30, 2020
• Court: South Dakota

Amy Toro v. G4S Compliance & Investigations, Inc. and New Hampshire Insurance Company HF No. 134, 2019/20 South Dakota Workers Compensation South Dakota Department of Labor & Regulation Division of Labor and Management October 30, 2020           Bram Weidenaar Alvine Weidenaar, LLP           Charles A. Larson Boyce Law Firm LLP          RE: HF No. 134, 2019/20 – Amy Toro v. G4S Compliance & Investigations, Inc. and New Hampshire Insurance Company          Decision on Motion to Set Aside Default Judgment          Dear Mr. Weidenaar and Mr. Larson,          Amy Toro (Claimant) submitted the Petition for Hearing in this matter on May 26, 2020. The Department of Labor & Regulation (Department) sent an acknowledgment of this Petition to Claimant and provided G4S Compliance & Investigations, Inc. and New Hampshire Insurance Company (Employer and Insurer) thirty days to submit a response. Employer and insurer did not respond to the Petition.          Claimant filed a Motion for Default Judgment on July 6, 2020. The Department provided Employer and Insurer until August 17, 2020 to submit resistance to the Motion for Default Judgment. Employer and Insurer did not respond to Claimant’s Motion for Default Judgment within the timeframe provided by the Department. The Department granted the Motion for Default Judgment on August 28, 2020. Employer and Insurer submitted this Motion to Set Aside Default Judgment on September 21, 2020. Employer and Insurer’s Motion and all responsive briefs have been considered in this letter decision.          The Department granted Claimant’s Motion for Default Judgment due to Employer and Insurer’s failure to respond to the Petition for hearing or submit a timely response to Claimant’s Motion. Under ARSD 47:03:01:02.01, “[a]ny adverse party has 30 days after the date of the mailing of the notice to file a response.” SDCL15-6-55(b) regarding default judgment provides:

If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an

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