N.Y. WKC Law § 26 — New York Code / Act WKC / Article 2 / Section 26
Enforcement of payment in default
Status: in_force

§ 26. Enforcement of payment in default. In case of default by the\nemployer in the payment of any compensation due under an award for the\nperiod of thirty days after payment is due and payable, or in case of\nfailure or refusal by the employer to deposit with the chairman within\nten days after demand the commuted or estimated value of the\ncompensation payable under an award made in accordance with the\nprovisions of section fourteen-a of this chapter as security for prompt\nand convenient payment of such compensation periodically as it accrues,\nor where the employer has failed to secure the payment of compensation\nto his employees as required by section fifty hereof and there is such\ndefault in payment for a period of ten days after same is due or there\nis default or refusal of such employer to deposit with the chairman\nwithin ten days after demand the commuted or estimated value of\ncompensation not presently payable, as security for prompt and\nconvenient payment of such compensation periodically as it accrues in\naccordance with the provisions of section twenty-five of this chapter,\nor in case of failure by an employer, within twenty days after it is\ndue, to pay an assessment imposed by the chairman pursuant to\nsubdivision five of section fifty-two of this chapter, the chairman in\nany such case or on the chairman's consent any party to an award may\nfile with the county clerk for the county in which the injury occurred\nor the county in which the employer has his principal place of business,\n(1) a certified copy of the decision of the workmen's compensation board\nawarding compensation or ending, diminishing or increasing compensation\npreviously awarded, from which no appeal has been taken within the time\nallowed therefor, or if an appeal has been taken by an employer who has\nnot complied with the provisions of section fifty hereof, where he fails\nto deposit with the chairman the amount of the award as security for its\npayment within ten days after the same is due and payable, or (2) a\ncertified copy of the demand for deposit of security, or (3) a certified\ncopy of the chairman's order imposing, and the demand for payment of,\nsuch assessment, and thereupon judgment must be entered in the supreme\ncourt by the clerk of such county in conformity therewith immediately\nupon such filing. If the payment in default be an instalment, the board\nmay declare the entire award due and judgment may be entered in\naccordance with the provisions of this section. Such judgment shall be\nentered in the same manner, have the same effect and be subject to the\nsame proceedings as though rendered in a suit duly heard and determined\nby the supreme court, except that no appeal may be taken therefrom. The\ncourt shall vacate or modify such judgment to conform to any later award\nor decision of the board upon presentation of a certified copy of such\naward or decision. The award may be so compromised by the board as in\nthe discretion of the board may best serve the interest of the persons\nentitled to receive the compensation or benefits. Where an award has\nbeen made against the employer in accordance with the provisions of\nsection fifteen, subdivision nine, or of section twenty-five-a, or of\nsection twenty-six-a, such an award may be similarly compromised by the\nboard, upon notice to a representative of the fund to which the award is\npayable, but if there be no representative of any such fund, notice\nshall be given to such representative as may be designated by the\nchairman of the board; and notwithstanding any other provision of law,\nsuch compromise shall be effective without the necessity of any approval\nby the state comptroller. Neither the chairman nor any party in interest\nshall be required to pay any fee to any public officer for filing or\nrecording any paper or instrument or for issuing a transcript of any\njudgment executed in pursuance of this section.  Whenever the term\nemployer is used in this section it shall be deemed to include without\nlimitation a contractor liable for the payment of compensation pursuant\nto section fifty-six of the workmen's compensation law.\n