TITLE 28

Labor and Labor Relations

CHAPTER 28-35

Workers' Compensation – Procedure

SECTION 28-35-43



   § 28-35-43  Time payments due under order

or decree – Penalty for delinquency. –

Payment of compensation under a decision of the court becomes due upon the

effective date of the order and weekly thereafter on the same day. If any

payment payable under the terms of an order or decree is not paid within

fourteen (14) days after it becomes due there shall be added to that unpaid

payment an amount equal to twenty percent (20%) thereof, which shall be paid at

the same time as, but in addition to, that compensation unless the nonpayment

is excused by the workers' compensation court after a showing by the employer

or insurer that owing to conditions over which he or she had no control the

payment could not be paid within the period prescribed for payment. However, if

within one year next preceding the due date of any payment which is not paid

within fourteen (14) days after it becomes due, two (2) or more payments

payable under the terms of the order or decree have not been paid within

fourteen (14) days after the payments have become due, it shall be conclusively

presumed that the failure of the employer to make the instant payment was owing

to conditions over which he or she had control. Any order or decree of the

worker's compensation court shall be enforceable by suitable action or

proceeding brought by either of the parties to it before the court, including

executions against goods, chattels, and real estate, and including proceedings

for contempt for willful failure or neglect to obey the provisions of the order

or decree.



History of Section.

(G.L. 1938, ch. 300, art. 3, § 12; P.L. 1954, ch. 3297, § 1; G.L.

1956, § 28-35-43; P.L. 1963, ch. 130, § 1; P.L. 1990, ch. 332, art.

1, § 5.)