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New York Workers' Compensation - Article 4 - § 54-B Enforcement on Failure to Pay Award or Judgment

Legal Research Home > New York Laws > Workers' Compensation > New York Workers' Compensation - Article 4 - § 54-B Enforcement on Failure to Pay Award or Judgment


Workers' Compensation 
 
    §  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
  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 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.
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Last modified: February 16, 2014