HB0258 - Workers' compensation-recovery of benefits.
2001 |
State of Wyoming |
01LSO-0570 |
HOUSE BILL NO. HB0258
Workers' compensation-recovery of benefits.
Sponsored by: Representative(s) Landon
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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