Legislation
SECTION 114-A
Disqualification for false representation
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 7
§ 114-a. Disqualification for false representation. 1. If for the
purpose of obtaining compensation pursuant to section fifteen of this
chapter, or for the purpose of influencing any determination regarding
any such payment, a claimant knowingly makes a false statement or
representation as to a material fact, such person shall be disqualified
from receiving any compensation directly attributable to such false
statement or representation. In addition, as determined by the board,
the claimant shall be subject to a disqualification or an additional
penalty up to the foregoing amount directly attributable to the false
statement or representation. Any penalty monies shall be paid into the
state treasury.
2. If with the knowledge of a claimant, another person knowingly makes
a false statement or representation as to a material fact for the
purpose of assisting a claimant in either obtaining, or influencing any
determination regarding compensation pursuant to section fifteen of this
chapter, such claimant may be disqualified from receiving any
compensation directly attributable to such false statement or
representation. In addition, as determined by the board, the claimant
may be subject to a disqualification or an additional penalty up to the
foregoing amount directly attributable to the false statement or
representation. Any penalty monies shall be deposited to the credit of
the general fund of the state.
3. If the board or any court having jurisdiction over proceedings in
respect of any claim for compensation determines that the proceedings in
respect of such claim, including any appeals, have been instituted or
continued without reasonable ground:
(i) the cost of such proceedings shall be assessed against the party
who has so instituted or continued the proceedings, which shall be
payable to the board for administrative expenses pursuant to section one
hundred fifty-one of this chapter;
(ii) reasonable attorneys' fees shall be assessed against an attorney
or licensed representative who has instituted or continued proceedings
without reasonable grounds, which assessment shall be payable to the
board for administrative expenses pursuant to section one hundred
fifty-one of this chapter. Fees awarded under this provision may not be
recouped from the party; and
(iii) such assessments shall be in addition to any other penalty
permitted under this chapter.
purpose of obtaining compensation pursuant to section fifteen of this
chapter, or for the purpose of influencing any determination regarding
any such payment, a claimant knowingly makes a false statement or
representation as to a material fact, such person shall be disqualified
from receiving any compensation directly attributable to such false
statement or representation. In addition, as determined by the board,
the claimant shall be subject to a disqualification or an additional
penalty up to the foregoing amount directly attributable to the false
statement or representation. Any penalty monies shall be paid into the
state treasury.
2. If with the knowledge of a claimant, another person knowingly makes
a false statement or representation as to a material fact for the
purpose of assisting a claimant in either obtaining, or influencing any
determination regarding compensation pursuant to section fifteen of this
chapter, such claimant may be disqualified from receiving any
compensation directly attributable to such false statement or
representation. In addition, as determined by the board, the claimant
may be subject to a disqualification or an additional penalty up to the
foregoing amount directly attributable to the false statement or
representation. Any penalty monies shall be deposited to the credit of
the general fund of the state.
3. If the board or any court having jurisdiction over proceedings in
respect of any claim for compensation determines that the proceedings in
respect of such claim, including any appeals, have been instituted or
continued without reasonable ground:
(i) the cost of such proceedings shall be assessed against the party
who has so instituted or continued the proceedings, which shall be
payable to the board for administrative expenses pursuant to section one
hundred fifty-one of this chapter;
(ii) reasonable attorneys' fees shall be assessed against an attorney
or licensed representative who has instituted or continued proceedings
without reasonable grounds, which assessment shall be payable to the
board for administrative expenses pursuant to section one hundred
fifty-one of this chapter. Fees awarded under this provision may not be
recouped from the party; and
(iii) such assessments shall be in addition to any other penalty
permitted under this chapter.