N.Y. Workers' Compensation Law § 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.