(a) If any benefits payable under the terms of an award by a
district director (Sec. 725.419(d)), a decision and order filed and
served by an administrative law judge (Sec. 725.478), or a decision
filed by the Board or a U.S. court of appeals, are not paid by an
operator or other employer ordered to make such payments within 10 days
after such payments become due, there shall be added to such unpaid
benefits an amount equal to 20 percent thereof, which shall be paid to
the claimant at the same time as, but in addition to, such benefits,
unless review of the order making such award is sought as provided in
section 21 of the LHWCA and an order staying payments has been issued.
(b) If, on account of an operator's or other employer's failure to
pay benefits as provided in paragraph (a) of this section, benefit
payments are made by the fund, the eligible claimant shall nevertheless
be entitled to receive such additional compensation to which he or she
may be eligible under paragraph (a) of this section, with respect to
all amounts paid by the fund on behalf of such operator or other
employer.
(c) The fund shall not be liable for payments in addition to
compensation under any circumstances.
