N.Y. Workers' Compensation Law § 54-b: Enforcement on failure to pay award or judgment

§ 54-b. Enforcement on failure to pay award or judgment. In case of

default by a carrier or self-insured 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 the case of failure by a carrier or

self-insured employer to make full payment of an award for medical care

or supplies issued by the board or the chair pursuant to section

thirteen-g of this chapter, the chair in any such case or on the chair'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 carrier

or self-insured employer has his or her principal place of business, (1)

a certified copy of the decision of the 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 a carrier or self-insured employer who has

not complied with the provisions of section fifty of this article, where

he or she fails to deposit with the chair 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 award for medical care or

supplies issued pursuant to section thirteen-g of this chapter, 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 installment, 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 a carrier

or self-insured employer in accordance with the provisions of

subdivision nine of section fifteen, or of section twenty-five-a of this

chapter, 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 chair 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 chair 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. The carrier or self-insured

employer shall be liable for all costs and attorneys fees necessary to

enforce the award. For the purposes of this section, the term "carrier"

shall include the state insurance fund and any stock corporation, mutual

corporation or reciprocal insurer authorized to transact the business of

workers' compensation insurance in this state.