Section 26 Enforcement of payment in default
Workers' Compensation (WKC)
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.