SB91 Alabama 2018 Session

Under existing law, a person who knowingly makes false or fraudulent material statements or representations for the purpose of obtaining workers' compensation benefits is guilty of a Class C felony

This bill would expand the type of activity related to workers' compensation fraud that is subject to criminal penalties, would authorize an award of civil damages for persons injured by an individual's fraudulent workers' compensation claim, would require the Department of Labor to preserve relevant documentation upon suspicion of fraud and to provide the relevant documentation to the district attorney or Attorney General for review, and would provide for the repayment of fraudulently obtained workers' compensation benefits with interest to employers and carriers

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to workers' compensation; to amend Section 13A-11-124, Code of Alabama 1975, to expand the type of activity related to workers' compensation fraud that is subject to criminal penalties, to authorize an award of civil damages for persons injured by a person's fraudulent workers' compensation claim; to provide for the preservation of documentation by the Department of Labor upon suspicion of fraud; to require the department to provide documentation of suspected fraud to the district attorney or Attorney General; to provide for the repayment of fraudulently obtained workers' compensation benefits under certain conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.