§ 28-35-43 - Time payments due under order or decree – Penalty for delinquency.
SECTION 28-35-43
§ 28-35-43 Time payments due under orderor decree – Penalty for delinquency. – Payment of compensation under a decision of the court becomes due upon theeffective date of the order and weekly thereafter on the same day. If anypayment payable under the terms of an order or decree is not paid withinfourteen (14) days after it becomes due there shall be added to that unpaidpayment an amount equal to twenty percent (20%) thereof, which shall be paid atthe same time as, but in addition to, that compensation unless the nonpaymentis excused by the workers' compensation court after a showing by the employeror insurer that owing to conditions over which he or she had no control thepayment could not be paid within the period prescribed for payment. However, ifwithin one year next preceding the due date of any payment which is not paidwithin fourteen (14) days after it becomes due, two (2) or more paymentspayable under the terms of the order or decree have not been paid withinfourteen (14) days after the payments have become due, it shall be conclusivelypresumed that the failure of the employer to make the instant payment was owingto conditions over which he or she had control. Any order or decree of theworker's compensation court shall be enforceable by suitable action orproceeding brought by either of the parties to it before the court, includingexecutions against goods, chattels, and real estate, and including proceedingsfor contempt for willful failure or neglect to obey the provisions of the orderor decree.