§ 28-35-42 - Penalty for delinquency in payment.

SECTION 28-35-42

   § 28-35-42  Penalty for delinquency inpayment. – If any payment of compensation is not paid within fourteen (14) days after itbecomes due, there shall be added to that unpaid payment an amount equal to tenpercent (10%) of it, which shall be paid at the same time as, but in additionto, that payment, unless the nonpayment is excused by the workers' compensationcourt after a showing by the employer or his or her insurer that owing toconditions over which he or she had no control the payment could not be paidwithin the period prescribed for the payment. However, if within one year nextpreceding the due date of any payment which is not paid within fourteen (14)days after it becomes due, two (2) or more payments payable under the terms ofthe agreement have not been paid within fourteen (14) days after those paymentshave become due, it shall be conclusively presumed that the failure of theemployer to make the instant payment was owing to conditions over which theemployer had control.