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This entry was published on 2020-01-10
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SECTION 54-B
Enforcement on failure to pay award or judgment
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 4
§ 54-b. Enforcement on failure to pay award or judgment. In case of
default by a carrier or self-insured 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 the case of failure by a carrier or
self-insured employer to make full payment of an award for medical care
or supplies issued by the board or the chair pursuant to section
thirteen-g of this chapter, the chair in any such case or on the chair'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 carrier
or self-insured employer has his or her principal place of business, (1)
a certified copy of the decision of the 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 a carrier or self-insured employer who has
not complied with the provisions of section fifty of this article, where
he or she fails to deposit with the chair 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 award for medical care or
supplies issued pursuant to section thirteen-g of this chapter, 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 installment, 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 a carrier
or self-insured employer in accordance with the provisions of
subdivision nine of section fifteen, or of section twenty-five-a of this
chapter, 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 chair 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 chair 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. The carrier or self-insured
employer shall be liable for all costs and attorneys fees necessary to
enforce the award. For the purposes of this section, the term "carrier"
shall include the state insurance fund and any stock corporation, mutual
corporation or reciprocal insurer authorized to transact the business of
workers' compensation insurance in this state.