Workers’ Compensation Fraud Convictions
Based on estimates by the National Insurance Crime Bureau (NICB), workers' compensation fraud is a $30 billion problem annually in the United States. In California, it is estimated that workers' compensation fraud costs the state between $1 billion to $3 billion per year.
With these estimates in mind, Assembly Bill 2866 (Chapter 281) was signed into law by the Governor of California. This new legislation added Section 1871.9 to the California Insurance Code.
Section 1871.9 mandates the posting to the Department of Insurance's public web site those defendants that are convicted of Worker's Compensation Insurance Fraud in a court of law. Specifically, the Department of Insurance shall post all of the following information on its Internet website for each person, as defined in Section 19, convicted of a violation of this article (1871.4), Section 11760 or 11880, Section 3700.5 of the Labor Code or Section 487 or 550 of the Penal Code, if the violation involved workers' compensation insurance, services or benefits:
- The name, case number, county or court and other identifying information with respect to the case.
- The full name of the defendant.
- The city and county of the defendant's last known residence or business address.
- The date of conviction.
- A description of the offense.
- The amount of money alleged to have been defrauded.
- A description of the punishment imposed, including the length of any sentence of imprisonment and the amount of any fine imposed.
The information required to be posted under this section shall be maintained on the Department's website for a period of five years from the date of conviction or until the Department is notified in writing by the person that the conviction has been reversed or expunged.
Note: If new documentation has been received that in any way affects the conviction information contained herein, please forward that documentation with an explanation to:
California Department of Insurance, Enforcement Branch
Assistant Chief, Grant Programs and Training
2400 Del Paso Road, Suite 250
Sacramento, CA 95824
A determination to make any changes will be made within sixty (60) days of receipt of the information.
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