Labor and Labor Relations
Workers' Compensation Procedure
§ 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
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.)