HB 1894.E - DIGEST

(DIGEST AS ENACTED)

     Provides that, whenever the department or self-insurer fails to pay benefits because of clerical error, mistake of identity, or innocent misrepresentation, all not induced by recipient fraud, the recipient may request an adjustment of benefits to be paid from the state fund or by the self-insurer, as the case may be, subject to the following:  (1) The recipient must request an adjustment in benefits within one year from the date of the incorrect payment or it will be deemed any claim therefore has been waived;

     (2) the recipient may not seek an adjustment of benefits because of adjudicator error.  "Adjudicator error" includes the failure to consider information in the claim file, failure to secure adequate information, or an error in judgment.