WCPanelIQ
PanelGranted

Babenko, Ivan

IVAN BABENKO, Applicant vs. ENCORE GROUP; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL, Defendants

ADJ number
ADJ18697538
Decision date
Jul 17, 2025
District office
Van Nuys
WCJ
—
Claim administrator
CorVel (administering for ACE American Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5813LC §5909LC §5900LC §5903LC §5952LC §5313CCR §10421CCR §10600CCR §10761

Summary

Defendant failed to appear at an expedited hearing on November 21, 2024, did not respond to an order to show cause, did not object to a notice of intention to impose sanctions, and did not respond to applicant's bill of particulars. On July 18, 2025, the WCJ issued an Order Imposing Sanctions of $1,500 against defendant and awarding $2,745 in costs to applicant. Defendant sought reconsideration, contending its failure to appear was due to acute illness and that it had informed applicant's attorney. The Appeals Board treated the petition as a request for relief from a default judgment under Code of Civil Procedure section 473(b) and, favoring resolution on the merits, granted reconsideration, rescinded the sanctions order, and returned the matter to the trial level for further proceedings without ruling on the merits.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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