A. There is created in the workers' compensation administration an "enforcement bureau".
B. The enforcement bureau shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced. The enforcement bureau shall refer to an appropriate law enforcement agency any finding of fraud. For any claim pending in the administration, the enforcement bureau shall also bring its findings to the attention of the workers' compensation judge assigned to that claim.
C. For the purposes of this section, "fraud" includes the intentional misrepresentation of a material fact resulting in workers' compensation or occupational disablement coverage, the payment or withholding of benefits or an attempt to obtain or withhold benefits. The intentional misrepresentation of a material fact may occur through the conduct, practices, omissions or representations of any person. Any person found guilty of committing fraud shall be sentenced pursuant to the provisions of Section 30-16-6 NMSA 1978 and the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
History: Laws 1990 (2nd S.S.), ch. 2, § 63; 2013, ch. 134, § 5.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, replaced the safety and fraud division of the worker's compensation administration with an enforcement bureau; in the title, deleted "safety and fraud division" and added "enforcement bureau"; in Subsections A and B, deleted "safety and fraud division" and added "enforcement bureau"; deleted former Subsection B, which required the safety and fraud division to develop a program to identify extra-hazardous employers; deleted former Subsection C, which required extra-hazardous employers to obtain a safety consultation from the safety and fraud division; and deleted former Subsection D, which required extra-hazardous employers to formulate an accident prevention plan.
Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).