(a)Any employer not applying for coverage of eligible
employees or, after obtaining coverage under this act, any
employer failing, neglecting or refusing to make payments
required by this act within thirty (30) days of the date due and
against whom any injured employee is held entitled to worker's
compensation benefits is liable to the state for an amount equal
to all awards, both paid and reserved entered for payment to or
for the employee under this act. If the employer fails,
neglects or refuses to satisfy his liability within the thirty
(30)day period, the amount may be recovered by civil action in
the name of the director. The entry of final order by the
division or hearing examiner approving and allowing an award of
compensation is prima facie proof of the liability of an
employer
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(a) Any employer not applying for coverage of eligible
employees or, after obtaining coverage under this act, any
employer failing, neglecting or refusing to make payments
required by this act within thirty (30) days of the date due and
against whom any injured employee is held entitled to worker's
compensation benefits is liable to the state for an amount equal
to all awards, both paid and reserved entered for payment to or
for the employee under this act. If the employer fails,
neglects or refuses to satisfy his liability within the thirty
(30) day period, the amount may be recovered by civil action in
the name of the director. The entry of final order by the
division or hearing examiner approving and allowing an award of
compensation is prima facie proof of the liability of an
employer failing to comply with this act.
(b) Repealed by Laws 1993, ch. 176, § 2.
(c) Premiums not paid on or before the date due shall bear
interest of one percent (1%) per month or any fractional portion
thereof from the due date until payment plus accrued interest is
received by the division. The interest is part of the payment
due for all purposes if suit is instituted as provided in this
act.
(d) If premiums, liabilities pursuant to subsection (a) of
this section, interest and penalties provided by this section
are not paid within thirty (30) days of the date due and
following notice by the division to the employer of the remedies
authorized under this section, and the consequences of these
remedies the attorney general may bring suit in the name of the
state for the collection of all delinquent payments, liabilities
pursuant to subsection (a) of this section, interest and
penalties. If a judgment is rendered in favor of the state, the
judgment shall be for the amount of the premiums, liabilities
pursuant to subsection (a) of this section, interest and
penalties together with costs.
(e) If payments under this act are not paid on or before
the date due and following notice under subsection (d) of this
section, the director may file a lien with the county clerk of
the county in which the employer has his principal place of
business and a copy with any other county. The amount due is a
lien upon all real and personal property of the employer and is
in effect from the time of filing and covers all property of the
employer in any county in which filed. The director shall file
notice of satisfaction of the lien with the county clerk if
payments are collected or found erroneous and may release any
property from the lien or subordinate the lien if he determines
payments are secured by a lien on other property or the
collection of payments are not in jeopardy.
(f) Any employer employing any person in any covered
employment who, following notice by the division of the remedies
authorized under this section, fails to apply for coverage under
this act or, after obtaining coverage under this act, fails to
make payments within thirty (30) days of the date due, may be
enjoined in an action instituted by the director from engaging
or continuing in a business covered by this act. Operations
may, in whole or in part, be enjoined until required payments
are made and the employer complies with this act. The director
is not required to give bond in the action.
(g) Remedies provided by this act are cumulative and are
not exclusive.
(h) If judgment is rendered in favor of the employer in
any action under this section, he shall be entitled to recover
all his costs including a reasonable attorney's fee from the
division. This recovery shall not affect the employer's
experience rating.
(j) The division may enter into an installment payment
agreement with a delinquent employer where payment in a lump sum
would cause severe inconvenience to the employer, provided that:
(i) The agreement shall be agreed upon within thirty
(30) days of the notice provided pursuant to subsection (d) of
this section;
(ii) The term of the installment payment agreement
shall not exceed twelve (12) months; and
(iii) Prospective liabilities which are reasonably
expected to accrue during the term of the installment payment
agreement may be included in the installment payment agreement.
(k) No additional interest, penalties or other liabilities
authorized under this section shall accrue to the employer for
the employer's delinquencies if the employer has entered into an
installment payment agreement pursuant to subsection (j) of this
section and is in compliance with the terms of the agreement.
The employer's relief from liability provided pursuant to W.S.
27-14-104(a) shall remain in effect while the employer is in
compliance with the agreement, provided that the employer has no
further delinquencies under this section. If an employer fails
to comply with the terms of its installment payment agreement,
all premiums, liabilities pursuant to subsection (a) of this
section, interest and penalties provided by this section shall
be applied as of the original delinquency date minus any
payments made and the division may exercise any remaining
remedies authorized under this act.