It's A Felony To File A False Worker Compensation Claim

Last year, Missouri saw a spike in workers compensation claim fraud.  That's a serious problem, but our Attorney General has been on top of it.  For those who don't know, let me direct you to this relevant statute on workers compensation claims. 

287.128. 1. It shall be unlawful for any person to knowingly present or cause to be presented any false or fraudulent claim for the payment of benefits pursuant to a workers' compensation claim.

and the penalty clause:

4. Any person violating any of the provisions of subsection 1 or 2 of this section shall be guilty of a class D felony. In addition, the person shall be liable to the state of Missouri for a fine up to ten thousand dollars or double the value of the fraud whichever is greater.

One of the unanswered questions from the Carnahan Town Hall is why Elston McCowan felt the need to file a workers compensation claim, and why it was denied by SEIU.  Was he on the clock that night?  Was he officially representing SEIU when at the town hall?  What about Perry Molens?  Were they both on the clock, or was this a personal event?

It's one of those delightful conundrums where both answers are bad.  If McCowan was on the clock, and was ordered down to the event as part of SEIU's official staff, then SEIU is liable for any civil suit Gladney may decide to bring for his assault.  If McCowan wasn't on the clock, then his attempt to file a workers compensation claim is clearly fraudulent, a Class D felony and a stiff fine. 

That paperwork exists, my friends.  McCowan filed it.  SEIU or their insurance carrier denied it, and they did so for a reason.  But now they are paying his legal bills?  Luckily, there are remedies for such an action:

Any person may file an allegation of fraud or noncompliance with
the Division of Workers’ Compensation by calling 1-800-592-
6003. Complaints can be anonymous and are referred to the
Division of Workers’Compensation’s Fraud and Noncompliance
Unit staff who investigate the complaint.

Fraud and Noncompliance Unit
P.O. Box 1009
Jefferson City, MO 65102-1009
800-592-6003 

I worry about the State of Missouri.  Do you think this investigation will kost 'er an arm and a leg?

Comments

[locomotivebreath1901]

"Any person may file an allegation of fraud or noncompliance..."

Very interesting information.