32.0674 Collection of defaulted payments.

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(a) In case of default by the employer in the payment of compensation due under any award of compensation, for a period of 30 days after the compensation is due and payable, the individual to whom such compensation is payable may, within one year after such default, make application to the Commissioner for a supplementary order declaring the amount of the default

(b) After investigation, notice, and hearing in the manner provided in 32.0629 and 32.0636, the Commissioner shall make a supplementary order, declaring the amount of the default, which shall be filed in the same manner as a compensation order.

(c) In case the payment in default is an installment of the award, the Commissioner may, in his discretion, declare the whole of the award as the amount in default

(d) The applicant may file a certified copy of such supplementary order with the clerk of the High Court of American Samoa. Such supplementary order of the Commissioner shall, be final, and the court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order if such supplementary order is in accordance with law.

(e) Review of the judgment so entered may be had as in civil suits for damages at common law.

(f) Final proceedings to execute the judgment may be, had by writ of execution in the form used by the court in suits at common law in actions of assumpsit.

(g) No fee is required for filing the supplementary order or for entry of judgment thereon, and the applicant is not liable for costs in a proceeding for review of the judgment unless the court otherwise directs.

(h) The court shall modify such judgment to conform to any later compensation order upon presentation of a certified copy thereof to the court.

(i) Where judgment cannot be satisfied by reason of the employer’s insolvency or other circumstances precluding payment, the Commissioner may, in his discretion and to the extent he determines advisable after consideration of current commitments payable from the special fund established in 32.0516, make payment from such fund upon any award made under this chapter, and in addition, provided any necessary medical, surgical and other treatment required by 32.0619 in case of disability where there has been a default in furnishing medical treatment by reason of the insolvency of the employer. Such an employer shall be liable for payment into such fund of the amounts paid therefrom by the Commissioner under this subsection; and for the purpose of enforcing this liability, the Commissioner, for the benefit of the fund, shall be subrogated to all the rights of the individual receiving such payment or benefits, including the right of lien and priority provided for by 32.0673 as against the employer and may, by a proceeding under this section or under 32.0653, or both, seek to recover the amount of the default or so much thereof as in the judgment of the Commissioner is possible, or the Commissioner may settle and compromise any such claim.

History: 1967, PL 10-15.