§ 54-B — Enforcement on failure to pay award or judgment

§ 54-b. Enforcement on failure to pay award or judgment. In case of\ndefault by a carrier or self-insured employer in the payment of any\ncompensation due under an award for the period of thirty days after\npayment is due and payable, or in the case of failure by a carrier or\nself-insured employer to make full payment of an award for medical care\nor supplies issued by the board or the chair pursuant to section\nthirteen-g of this chapter, the chair in any such case or on the chair's\nconsent any party to an award may file with the county clerk for the\ncounty in which the injury occurred or the county in which the carrier\nor self-insured employer has his or her principal place of business, (1)\na certified copy of the decision of the board awarding compensation or\nending, diminishing or increasing compensation previously awarded, from\nwhich no appeal has been taken within the time allowed therefor, or if\nan appeal has been taken by a carrier or self-insured employer who has\nnot complied with the provisions of section fifty of this article, where\nhe or she fails to deposit with the chair the amount of the award as\nsecurity for its payment within ten days after the same is due and\npayable, or (2) a certified copy of the award for medical care or\nsupplies issued pursuant to section thirteen-g of this chapter, and\nthereupon judgment must be entered in the supreme court by the clerk of\nsuch county in conformity therewith immediately upon such filing. If the\npayment in default be an installment, the board may declare the entire\naward due and judgment may be entered in accordance with the provisions\nof this section. Such judgment shall be entered in the same manner, have\nthe same effect and be subject to the same proceedings as though\nrendered in a suit duly heard and determined by the supreme court,\nexcept that no appeal may be taken therefrom. The court shall vacate or\nmodify such judgment to conform to any later award or decision of the\nboard upon presentation of a certified copy of such award or decision.\nThe award may be so compromised by the board as in the discretion of the\nboard may best serve the interest of the persons entitled to receive the\ncompensation or benefits. Where an award has been made against a carrier\nor self-insured employer in accordance with the provisions of\nsubdivision nine of section fifteen, or of section twenty-five-a of this\nchapter, such an award may be similarly compromised by the board, upon\nnotice to a representative of the fund to which the award is payable,\nbut if there be no representative of any such fund, notice shall be\ngiven to such representative as may be designated by the chair of the\nboard; and notwithstanding any other provision of law, such compromise\nshall be effective without the necessity of any approval by the state\ncomptroller. Neither the chair nor any party in interest shall be\nrequired to pay any fee to any public officer for filing or recording\nany paper or instrument or for issuing a transcript of any judgment\nexecuted in pursuance of this section. The carrier or self-insured\nemployer shall be liable for all costs and attorneys fees necessary to\nenforce the award. For the purposes of this section, the term "carrier"\nshall include the state insurance fund and any stock corporation, mutual\ncorporation or reciprocal insurer authorized to transact the business of\nworkers' compensation insurance in this state.\n