2023 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.