(a) The Act, together with certain incorporated provisions from the
Longshoremen's and Harbor Workers' Compensation Act, contains a number
of provisions which subject an operator or other employer, claimants
and others to penalties for failure to comply with certain provisions
of the Act, or failure to commence and continue prompt periodic
payments to a beneficiary.
(b) It is the policy and intent of the Department to vigorously
enforce the provisions of this part through the use of the remedies
provided by the Act. Accordingly, if an operator refuses to pay
benefits with respect to a claim for which the operator has been
adjudicated liable, the Director shall invoke and execute the lien on
the property of the operator as described in Sec. 725.603. Enforcement
of this lien shall be pursued in an appropriate U.S. district court. If
the Director determines that the remedy provided by Sec. 725.603 may
not be sufficient to guarantee the continued compliance with the terms
of an award or awards against the operator, the Director shall in
addition seek an injunction in the U.S. district court to prohibit
future noncompliance by the operator and such other relief as the court
considers appropriate (see Sec. 725.604). If an operator unlawfully
suspends or terminates the payment of benefits to a claimant, the
district director shall declare the award in default and proceed in
accordance with Sec. 725.605. In all cases payments in addition to
compensation (see Sec. 725.607) and interest (see Sec. 725.608) shall
be sought by the Director or awarded by the district director.
(c) In certain instances the remedies provided by the Act are
concurrent; that is, more than one remedy might be appropriate in any
given case. In such a case, the Director shall select the remedy or
remedies appropriate for the enforcement action. In making this
selection, the Director shall consider the best interests of the
claimant as well as those of the fund.
