HB0258 - Workers' compensation-recovery of benefits.

 

2001

State of Wyoming

01LSO-0570

 

 

 

HOUSE BILL NO.  HB0258

 

 

Workers' compensation-recovery of benefits.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to workers' compensation; amending
 2  provisions for recovery of benefits paid by mistake or
 3  fraud; and providing for an effective date.

 4 

 5  Be It Enacted by the Legislature of the State of Wyoming:

 6 

 7         Section 1.  W.S. 27-14-511 is amended to read:

 8 

 9         27-14-511.  Recovery of benefits paid by mistake or
10  fraud.

11 

12         (a)  An employee, employer or health care provider
13  receiving benefits under this act to which the recipient is
14  not entitled shall be liable for and repay any such
15  benefit. The department in its discretion may recoup
16  benefit amounts liable to be repaid by offsetting, without
17  civil action, against future benefits payable to the

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 1  recipient under this act within three (3) years from the
 2  date of an overpayment determination. There shall be no
 3  recoupment if it defeats the purpose of this act or is
 4  against equity and good conscience as considered by the
 5  department in accordance with its rules and regulations.

 6 

 7         (b)  The attorney general may bring a civil action to
 8  recover the value of any benefits or other monies paid
 9  under this act due to mistake, misrepresentation or fraud.
10  The attorney general shall be entitled to recover the costs
11  of suit and reasonable attorney fees in cases of
12  misrepresentation or fraud. Nothing in this section shall
13  prohibit a criminal prosecution where appropriate. The
14  attorney general's designee may serve as prosecuting
15  attorney in any such criminal action, which may be brought
16  in the district court for the first judicial district in
17  Laramie county.

18 

19         (c)  In addition to the recoupment provided for in
20  subsection (a) of this section, if an employee is convicted
21  of, or admits to, fraud by that employee in the receipt of
22  any benefits under this act, the employee's right to all
23  benefits for the same injury is forfeited and the
24  employer's experience rating shall not be charged for any

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 1  benefits paid because of the employee's fraud. In addition,
 2  to the extent that the employee has not made restitution of
 3  all fraudulently obtained benefits, all temporary total,
 4  temporary light duty, permanent impairment and permanent
 5  disability benefits payable to that employee under this act
 6  for any other injury shall be reduced by fifty percent
 7  (50%) for three (3) years following the conviction or
 8  admission of fraud or until the value of benefits repaid or
 9  recouped pursuant to this subsection equals the value of
10  the fraudulently obtained benefits.

11 

12         Section 2.  This act is effective July 1, 2001.

13 

14                         (END)

 

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