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This entry was published on 2014-09-22
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SECTION 26
Enforcement of payment in default
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 26. Enforcement of payment in default. In case of default by the
employer in the payment of any compensation due under an award for the
period of thirty days after payment is due and payable, or in case of
failure or refusal by the employer to deposit with the chairman within
ten days after demand the commuted or estimated value of the
compensation payable under an award made in accordance with the
provisions of section fourteen-a of this chapter as security for prompt
and convenient payment of such compensation periodically as it accrues,
or where the employer has failed to secure the payment of compensation
to his employees as required by section fifty hereof and there is such
default in payment for a period of ten days after same is due or there
is default or refusal of such employer to deposit with the chairman
within ten days after demand the commuted or estimated value of
compensation not presently payable, as security for prompt and
convenient payment of such compensation periodically as it accrues in
accordance with the provisions of section twenty-five of this chapter,
or in case of failure by an employer, within twenty days after it is
due, to pay an assessment imposed by the chairman pursuant to
subdivision five of section fifty-two of this chapter, the chairman in
any such case or on the chairman's consent any party to an award may
file with the county clerk for the county in which the injury occurred
or the county in which the employer has his principal place of business,
(1) a certified copy of the decision of the workmen's compensation board
awarding compensation or ending, diminishing or increasing compensation
previously awarded, from which no appeal has been taken within the time
allowed therefor, or if an appeal has been taken by an employer who has
not complied with the provisions of section fifty hereof, where he fails
to deposit with the chairman the amount of the award as security for its
payment within ten days after the same is due and payable, or (2) a
certified copy of the demand for deposit of security, or (3) a certified
copy of the chairman's order imposing, and the demand for payment of,
such assessment, and thereupon judgment must be entered in the supreme
court by the clerk of such county in conformity therewith immediately
upon such filing. If the payment in default be an instalment, the board
may declare the entire award due and judgment may be entered in
accordance with the provisions of this section. Such judgment shall be
entered in the same manner, have the same effect and be subject to the
same proceedings as though rendered in a suit duly heard and determined
by the supreme court, except that no appeal may be taken therefrom. The
court shall vacate or modify such judgment to conform to any later award
or decision of the board upon presentation of a certified copy of such
award or decision. The award may be so compromised by the board as in
the discretion of the board may best serve the interest of the persons
entitled to receive the compensation or benefits. Where an award has
been made against the employer in accordance with the provisions of
section fifteen, subdivision nine, or of section twenty-five-a, or of
section twenty-six-a, such an award may be similarly compromised by the
board, upon notice to a representative of the fund to which the award is
payable, but if there be no representative of any such fund, notice
shall be given to such representative as may be designated by the
chairman of the board; and notwithstanding any other provision of law,
such compromise shall be effective without the necessity of any approval
by the state comptroller. Neither the chairman nor any party in interest
shall be required to pay any fee to any public officer for filing or
recording any paper or instrument or for issuing a transcript of any
judgment executed in pursuance of this section. Whenever the term
employer is used in this section it shall be deemed to include without
limitation a contractor liable for the payment of compensation pursuant
to section fifty-six of the workmen's compensation law.