State of Illinois
90th General Assembly
Legislation

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90_HB3485

      820 ILCS 305/18.5 new
      820 ILCS 305/18.7 new
          Amends the Workers' Compensation Act.  Provides that  "in
      specified instances involving false, fraudulent, or partially
      fraudulent  workers'  compensation  claims,  an  employer has
      standing  before  the  Industrial  Commission  for  the  sole
      purpose of filing and disposing of a claim after an  employee
      has  been  convicted of an offense arising out of a claim for
      workers' compensation benefits".   Provides that  a  workers'
      compensation  insurance  carrier  may  place an informational
      warning notice on the back of a  disability  check  or  in  a
      disability  check  mailing.   Provides  that the notice shall
      state that a material misrepresentation in support of a claim
      for benefits is punishable by  a  fine  or  imprisonment,  or
      both.
                                                    LRB9009224WHmgA
                                              LRB9009224WHmgA
 1        AN  ACT  to amend the Workers' Compensation Act by adding
 2    Sections 18.5 and 18.7.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Workers' Compensation Act is amended by
 6    adding Sections 18.5 and 18.7 as follows:
 7        (820 ILCS 305/18.5 new)
 8        Sec. 18.5.  Insurance fraud; employer's standing to  seek
 9    disposal  of  claim.  In specified instances involving false,
10    fraudulent, or  partially  fraudulent  workers'  compensation
11    claims,  an  employer  has  standing  before  the  Industrial
12    Commission  for the sole purpose of filing and disposing of a
13    claim after an employee has  been  convicted  of  an  offense
14    arising out of a claim for workers' compensation benefits.
15        (820 ILCS 305/18.7 new)
16        Sec.  18.7.  Informational  warning  notice on checks.  A
17    workers'  compensation  insurance  carrier   may   place   an
18    informational  warning  notice  on  the  back of a disability
19    benefits check mailed to an injured worker or may include the
20    notice as a separate item in the  disability  benefits  check
21    mailing.  The purpose of this informational warning notice is
22    to  reduce  the  possibility  of  an  injured  worker  who is
23    receiving disability compensation benefits from committing  a
24    crime which is punishable by a fine or imprisonment, or both,
25    by  making  a  material  misrepresentation  in  support  of a
26    workers' compensation claim for benefits.  The  informational
27    warning  notice  shall  be in the following form: "A material
28    misrepresentation in support of a workers' compensation claim
29    for  benefits  is  a  crime   punishable   by   fine   and/or
30    imprisonment.".

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