NY Work Comp L § 26 (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 26 - Enforcement of Payment in Default.

§  26.  Enforcement  of  payment in default. In case of default by the   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 case of   failure or refusal by the employer to deposit with the  chairman  within   ten   days   after  demand  the  commuted  or  estimated  value  of  the   compensation  payable  under  an  award  made  in  accordance  with  the   provisions  of section fourteen-a of this chapter as security for prompt   and convenient payment of such compensation periodically as it  accrues,   or  where  the employer has failed to secure the payment of compensation   to his employees as required by section fifty hereof and there  is  such   default  in  payment for a period of ten days after same is due or there   is default or refusal of such employer  to  deposit  with  the  chairman   within  ten  days  after  demand  the  commuted  or  estimated  value of   compensation  not  presently  payable,  as  security  for   prompt   and   convenient  payment  of  such compensation periodically as it accrues in   accordance with the provisions of section twenty-five of  this  chapter,   or  in  case  of  failure by an employer, within twenty days after it is   due,  to  pay  an  assessment  imposed  by  the  chairman  pursuant   to   subdivision  five  of section fifty-two of this chapter, the chairman in   any such case or on the chairman'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 employer has his principal place of business,   (1) a certified copy of the decision of the workmen's compensation 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 an employer who  has   not complied with the provisions of section fifty hereof, where he fails   to deposit with the chairman 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 demand for deposit of security, or (3) a certified   copy of the chairman's order imposing, and the demand  for  payment  of,   such  assessment,  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 instalment, 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  the  employer  in accordance with the provisions of   section fifteen, subdivision nine, or of section  twenty-five-a,  or  of   section  twenty-six-a, 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   chairman 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 chairman 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.   Whenever the term   employer is used in this section it shall be deemed to  include  without    limitation  a contractor liable for the payment of compensation pursuant   to section fifty-six of the workmen's compensation law.