WILLIAM DONALD SCHAEFER, Governor                    Ch. 591

[(13)] (12) (11) [If the Commission finds that any
compensation payment awarded pursuant to this article has not
been paid, through the fault of the insurer or self-insurer, by
the thirty-first day after the order therefor was issued or the
payment was due, whichever is later, the Commission shall assess
against the insurer or self-insurer a fine not to exceed 20
percent of the amount of the payment, which fine shall be
remitted to the claimant.] WITHIN 15 10 15 DAYS AFTER EITHER THE
DATE A COMPENSATION AWARD IS ISSUED OR THE DATE THE PAYMENT OF AN
AWARD IS DUE, WHICHEVER IS THE LATER, THE EMPLOYER OR INSURER
SHALL COMMENCE PAYMENT OF THE COMPENSATION TO THE EMPLOYEE. IF
THE COMMISSION FINDS THAT THE EMPLOYER OR INSURER HAS FAILED
WITHOUT GOOD CAUSE TO COMMENCE PAYMENT WITHIN 15 10 15 DAYS, THE
COMMISSION SHALL ASSESS AGAINST THE EMPLOYER OR INSURER A FINE
NOT TO EXCEED 20 PERCENT OF THE AMOUNT OF THE PAYMENT. IF THE
COMMISSION FINDS THAT THE EMPLOYER OR INSURER HAS FAILED WITHOUT
GOOD CAUSE TO COMMENCE PAYMENT WITHIN 30 20 30 days, the
commission shall assess against the employer or insurer a fine
not to exceed 40 percent of the amount of the payment. The
commission shall cause the employer or insurer to remit A THE
FINE TO THE EMPLOYEE.

39.

(D) WITHIN 21 DAYS AFTER A CLAIM FOR COMPENSATION FOR
INJURIES UNDER THIS ARTICLE HAS BEEN FILED WITH THE COMMISSION,

THE EMPLOYER OR INSURER SHALL EITHER COMMENCE PAYMENT OF

TEMPORARY TOTAL DISABILITY BENEFITS OR SHALL FILE ISSUES

CONTESTING THE COMPENSABILITY OF THE CLAIM. THE EMPLOYER OF
INSURER MAY NOT RECOUP COMPENSATION PAID UNDER THIS SUBSECTION.
AN EMPLOYER OR AN INSURER'S PAYMENT BEFORE AN AWARD MAY NOT BE
CONSIDERED A WAIVER OF RIGHTS TO CONTEST THE CLAIM AT A LATER

DATE. IF THE COMMISSION FINDS THAT THE EMPLOYER OR INSURER HAS

WITHOUT GOOD CAUSE NEITHER COMMENCED PAYMENT OF TEMPORARY TOTAL

DISABILITY BENEFITS NOR FILED ISSUES CONTESTING THE

COMPENSABILITY OF THE CLAIM WITHIN 21 DAYS AFTER A CLAIM HAS BEEN
FILED, THE COMMISSION MAY ASSESS AGAINST THE EMPLOYER OR INSURER
A FINE NOT TO EXCEED 20 PERCENT OF THE AMOUNT OF THE PAYMENT. IF
THE COMMISSION FINDS THAT THE EMPLOYER OR INSURER HAS WITHOUT

GOOD CAUSE NEITHER COMMENDED PAYMENT OF TEMPORARY TOTAL

DISABILITY BENEFITS NOR FILED ISSUES CONTESTING THE

COMPENSABILITY OF THE CLAIM WITHIN 30 DAYS AFTER A CLAIM HAS BEEN
FILED, THE COMMISSION MAY ASSESS AGAINST THE EMPLOYER OR INSURER
A FINE NOT TO EXCEED 40 PERCENT OF THE AMOUNT OF THE PAYMENT. THE
COMMISSION SHALL CAUSE THE EMPLOYER OR INSURER TO REMIT A FINE TO
THE EMPLOYEE.

39B.

IN DETERMINING THE AMOUNT OF ANY FINANCIAL PENALTY OR FINE
TO BE IMPOSED UNDER THIS ARTICLE, THE COMMISSION SHALL CONSIDER
IN A FAIR AND EQUITABLE MANNER THE FOLLOWING:

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