N.Y. Workers' Compensation Law Section 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 § 14-A (Double compensation and death benefits when minors illegally employed)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 § 25 (Compensation, how payable)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 § 52 (Effect of failure to secure compensation)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.

Source: Section 26 — Enforcement of payment in default, https://www.­nysenate.­gov/legislation/laws/WKC/26 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

9
Definitions
10
Liability for compensation
11
Alternative remedy
12
Compensation not allowed for first seven days
13
Treatment and care of injured employees
13‑A
Selection of authorized physician by employee
13‑AA
Medical appeals unit
13‑B
Authorization of providers, medical bureaus and laboratories by the chair
13‑C
Licensing of compensation medical bureaus and laboratories
13‑D
Removal of providers from lists of those authorized to render medical care or to conduct independent medical examinations
13‑E
Revocation of licenses of compensation medical bureaus and laboratories
13‑F
Payment of medical fees
13‑G
Payment of bills for medical care
13‑H
Ombudsman for injured workers
13‑I
Solicitation prohibited
13‑J
Medical or surgical treatment by insurance carriers and employers
13‑K
Care and treatment of injured employees by duly licensed podiatrists
13‑L
Care and treatment of injured employees by duly licensed chiropractors
13‑M
Care and treatment of injured employees by duly licensed psychologists
13‑N
Mandatory registration of entities which derive income from independent medical examinations
13‑O
Pharmaceutical fee schedule
13‑P
Comprehensive prescription drug formulary
14
Weekly wages basis of compensation
14‑A
Double compensation and death benefits when minors illegally employed
15
Schedule in case of disability
15‑A
Assessment on insolvent group self-insured trusts
16
Death benefits
16‑A
Death benefits due to diesel exposure
17
Noncitizens
17‑A
Limited English proficiency
18
Notice of injury or death
18‑A
Notice: The New York Jockey Injury Compensation Fund, Inc
18‑B
Notice
18‑C
Independent livery bases
19
Physical examination
19‑A
Physicians not to accept fees from carriers
19‑B
Treatment by physicians in employ of board
19‑C
Actions against health services personnel
20
Determination of claims for compensation
21
Presumptions
21‑A
Temporary payment of compensation
22
Modification of awards, decisions or orders
23
Appeals
23‑A
Mistakes, defects and irregularities
24
Costs and fees
24‑A
Representation before the workers’ compensation board
25
Compensation, how payable
25‑A
Procedure and payment of compensation in certain claims
25‑B
Awards to non-residents: Non-resident compensation fund
26
Enforcement of payment in default
26‑A
Procedure and payment of compensation in claims against uninsured defaulting employers
27
Depositing future payments in the aggregate trust fund
27‑A
Investments in obligations of designated public benefit corporations
27‑B
Amortization of gains or losses
27‑C
Appropriations to the aggregate trust fund
28
Limitation of right to compensation
29
Remedies of employees
30
Revenues or benefits from other sources not to affect compensation
31
Agreement for contribution by employee void
32
Waiver agreements
32‑A
Waivers of specific coverage prohibited
33
Assignments
34
Preferences
35
Safety net

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 26’s source at nysenate​.gov

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