office-8

FRAUD

(Section 287.128 RSMo. sets for the various acts and conduct which constitutes fraud under this chapter of the Missouri statute.)

In State of Missouri v Duffy, 8 S.W.3d 197 (Mo.App. W.D. 1999), an employer who encouraged an employee to make a false representation to a claims representative was guilty of misdemeanor/workers’ compensation fraud.

In State v Plastec, 980 S.W.2d 152 (Mo.App. E.D. 1998), the penalty of $25,000 assessed when an employer fails to insure its workers’ compensation liability is mandatory, not in discretion of court.

In State ex rel v Barnes, 942 S.W.2d (Mo.banc. 1997), the Missouri Fraud Statute pertaining to Workers’ Compensation is held constitutional. An insurance adjuster was charged with a violation making it unlawful “knowingly make or cause to make any false or fraudulent material statement or material representation for the purpose of obtaining or denying any benefit.”

Having a Seminar?
Join our E-Mail List
to stay up to date with Evans & Dixon