Ch. 171                                     1993 LAWS OF MARYLAND

Article - Labor and Employment

9-310.1.

(A) IN ANY ADMINISTRATIVE ACTION BEFORE THE COMMISSION, IF IT IS
ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT A PERSON HAS
KNOWINGLY OBTAINED BENEFITS UNDER THIS TITLE TO WHICH THE PERSON IS NOT
ENTITLED, THE COMMISSION SHALL ORDER THE PERSON TO REIMBURSE THE
INSURER, SELF-INSURED EMPLOYER, THE INJURED WORKERS' INSURANCE FUND,
THE UNINSURED EMPLOYERS' FUND, OR THE SUBSEQUENT INJURY FUND FOR THE
AMOUNT OF ALL BENEFITS THAT THE PERSON KNOWINGLY OBTAINED AND TO
WHICH THE PERSON IS NOT ENTITLED.

(B) AN ORDER OF REIMBURSEMENT REQUIRED UNDER SUBSECTION (A) OF THIS
SECTION SHALL INCLUDE INTEREST ON THE AMOUNT ORDERED TO BE REIMBURSED AT
A RATE OF 1.5% PER MONTH FROM THE DATE THE COMMISSION NOTIFIES THE PERSON
OF THE AMOUNT TO BE REIMBURSED.

9-1106.

(a)     A person may not knowingly obtain or knowingly attempt to obtain
compensation to which the person is not entitled.

(b)     A person who violates this section is guilty of a [misdemeanor] FELONY and,
on conviction:.

(1) is subject to a fine not exceeding [$500] $10,000 $5,000 or imprisonment
not exceeding [1 year] 5 YEARS 2 YEARS or both; and

(1) IS SUBJECT TO THE PENALTIES UNDER ARTICLE 27, § 342 OF THE CODE;
AND

(2) may not receive compensation.

(C) IF IT IS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT A
PERSON HAS KNOWINGLY OBTAINED ANY BENEFITS UNDER THIS TITLE TO WHICH
THE PERSON IS NOT ENTITLED, THE COMMISSION SHALL ORDER THE PERSON TO
REIMBURSE THE INSURER, SELF INSURED EMPLOYER, THE INJURED WORKERS'
INSURANCE FUND, THE UNINSURED EMPLOYERS' FUND, OR THE SUBSEQUENT
INJURY FUND FOR:

(1) THE AMOUNT OF ALL BENEFITS THAT THE PERSON KNOWINGLY
OBTAINED AND TO WHICH THE PERSON IS NOT ENTITLED; AND

(2) THE COSTS, INCLUDING COUNSEL FEES, OF ANY PROCEEDING TO
OBTAIN REIMBURSEMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

Approved April 26, 1993.

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