Section 23.30.170. Collection of defaulted payments.

   (a) In case of default by the employer in the payment of compensation due under an award of compensation for a period of 30 days after the compensation is due, the person to whom the compensation is payable may, within one year after the default, apply to the board making the compensation order for a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in AS 23.30.110, the board shall make a supplementary order declaring the amount of the default. The order shall be filed in the same manner as the compensation order.
   (b) If the payment in default is an installment of the award, the board may, in its discretion, declare the whole of the award as the amount in default.  The applicant may file a certified copy of the supplementary order with the clerk of the superior court.  The supplementary order is final.  The court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order if it is in accordance with law.  Any time after a supplementary order by the board, the attorney general, when requested to do so by the commissioner, shall take appropriate action to assure collection of the defaulted payments.
   (c) Review of the judgment may be had as in a civil action for damages.  Final proceedings to execute the judgment may be had by writ of execution.  The court shall modify the judgment to conform to a later compensation order upon presentation of a certified copy of it to the court.

Authorities

23.30.250

Notes

References

8 AAC 45.070
8 AAC 45.177
8 AAC 46.045
AS 23.30.250 Penalties for fraudulent or misleading acts; damages in civil actions.

History

(Sec. 17 ch 193 SLA 1959; am Sec. 1 ch 2 SLA 1966)