(a) Except as is otherwise provided in this part, no suspension,
termination or other failure to pay benefits awarded to a claimant is
permitted. If an employer found liable for the payment of such benefits
fails to make such payments within 30 days after any date on which such
benefits are due and payable, the person to whom such benefits are
payable may, within one year after such default, make application to
the district director for a supplementary order declaring the amount of
the default.
(b) If after investigation, notice and hearing as provided in
subparts E and F of this part, a default is found, the district
director or the administrative law judge, if a hearing is requested,
shall issue a supplementary order declaring the amount of the default,
if any. In cases where a lump-sum award has been made, if the payment
in default is an installment, the district director or administrative
law judge, may, in his or her discretion, declare the whole of the
award as the amount in default. The applicant may file a certified copy
of such supplementary order with the clerk of the Federal district
court for the judicial district in which the operator has its principal
place of business or maintains an office or for the judicial district
in which the injury occurred. In case such principal place of business
or office is in the District of Columbia, a copy of such supplementary
order may be filed with the clerk of the U.S. District Court for the
District of Columbia. Such supplementary order 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. Review of the judgment may be had as
in civil suits for damages at common law. 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. No fee shall be
required for filing the supplementary order nor for entry of judgment
thereon, and the applicant shall not be liable for costs in a
proceeding for review of the judgment unless the court shall otherwise
direct. The court shall modify such judgment to conform to any later
benefits order upon presentation of a certified copy thereof to the
court.
(c) In cases where judgment cannot be satisfied by reason of the
employer's insolvency or other circumstances precluding payment, the
district director shall make payment from the fund, and in addition,
provide any necessary medical, surgical, and other treatment required
by subpart J of this part. A defaulting employer shall be liable to the
fund for payment of the amounts paid by the fund under this section;
and for the purpose of enforcing this liability, the fund shall be
subrogated to all the rights of the person receiving such payments or
benefits.
