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The Workers’ Compensation Law

§114-1    Any person who knowingly and with intent to defraud presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer or purported insurer, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of or the rating of an insurance policy for compensation insurance, or claim for payment or other benefit pursuant to a compensation policy which he or she knows to:

(i) contain a false statement or representation concerning any fact material thereto; or

(ii) omits a fact material thereto, shall be guilty of a class E felony. Upon conviction, the court in addition to any other authorized sentence, may order forfeiture of all rights to compensation or payments of any benefit, and may also require restitution of any amount received as result of a violation of this subdivision.

Section 114-a

Section 114

THE INJURED WORKER

§114-a (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 of 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.

§114-a (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 of representation. Any penalty monies shall be deposited to the credit of the general fund of the state.

THE CARRIER, ATTORNEY OR EMPLOYER

§114-2    An employer or carrier, or any employee, agent, or person acting on behalf of an employer or carrier, who knowingly makes a false statement or representation as to a material fact in the course of reporting investigation of, or adjusting a claim for any benefit or payment under this chapter for the purpose of avoiding provision of such payment or benefit shall be guilty of a class E felony.

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