Bill Text: MA S703 | 2009-2010 | 186th General Court | Introduced
Bill Title: Allow Division of Industrial Accident judges the ability address fraud by claimants
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-08-19 - Accompanied a study order, see S02611 [S703 Detail]
Download: Massachusetts-2009-S703-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Morrissey, Michael (SEN)
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to allow Division of Industrial Accident judges the ability address fraud by claimants.
_______________
PETITION OF:
Name: |
District/Address: |
Morrissey, Michael (SEN) |
Norfolk and Plymouth |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S01082 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to allow Division of Industrial Accident judges the ability
address fraud by claimants.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Section 14 Chapter 152 of the General Laws, as appearing in the 2004 Official Edition, by inserting at the end there of the following new paragraph:-
If an administrative judge determines that any party defrauded, or attempted to defraud another party, at any time that the claimant had an active claim for benefits or was receiving benefits under this chapter, the defrauding party shall be assessed the whole costs of proceedings at which the fraud was established including attorney’s fees and a penalty, payable to the aggrieved party, in an amount of the average weekly amount wage in the Commonwealth multiplied by six. Any employee who has received payments for compensation pursuant to a claim found to be fraudulent under this subsection shall reimburse the amount of such payment to the insurer or self insurer. Sufficient evidence to establish the fraud may be supplied by admission of the party, by actions witnessed by the administrative judge during a hearing or other event in court, by testimonial evidence of a witness or witnesses, by videotape evidence, and/or by documentary evidence. Fraudulent activity includes, but is not limited to working and being paid for work while receiving compensation pursuant to sections 34 or 34A; making a knowing and material misrepresentation to a doctor, nurse or other medical provider, or representative of the insurer; and knowingly causing another to make a material misrepresentation on behalf of the defrauding party.