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Workers' Comp – Late Payment Penalty – Improper Method Of Payment

Employer was properly assessed a 20 percent penalty on compensation more than two weeks in arrears when carrier made payment on the 15th day after issuance of the commission’s opinion by check payable to claimant in care of his attorney.

On June 23, 1993, the commission affirmed an opinion in favor of claimant. Carrier made payment on July 8, 1993. Upon complaint by claimant’s attorney, the deputy commissioner entered a 20 percent penalty on compensation more than two weeks in arrears. Imposition of a penalty was proper because the check was one day late and was not paid directly to claimant. The day following the award is the first day to be counted in computing time.

Omps v. Eastern Motor Transport Inc. (Tarr) No. 158-13-72, Sept. 22, 1993; Nate L. Adams, III, for claimant; Douglas A. Seymour for defendants. VLW 093-10-25, 2 pp.

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