1894 AMH CONW CORD 29

HB 1894 - H AMD 0050 ADOPTED 03/12/99

By Representative Conway

     On page 1, beginning on line 6, after "is made" strike "or withheld"

     On page 1, beginning on line 10, after "shall" strike everything through "overpaid" on line 11, and insert "repay it"

     On page 1, at the beginning of line 14, strike "recipient, department," and insert "department"

     On page 1, line 15, after "for such" strike "underpayment, repayment," and insert "repayment"

     On page 1, line 16, after "payment" strike "or underpayment"

     On page 2, line 3, after "(2)" insert "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:

(a) 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.

(b) 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.

(3)"

     On page 2, line 15, strike "(3)" and insert "(((3))) (4)"

     On page 2, line 27, strike "(4)" and insert "(((4))) (5)"

     On page 2, line 36, strike "(5)" and insert "(((5))) (6)"

     On page 3, line 2, after "through" strike "(4)" and insert "

(((4))) (5)"

     On page 4, line 25, strike "(6)" and insert "(((6))) (7)"

EFFECT:  Adds a new provision replacing language regarding the entitlement to industrial insurance benefits that have been withheld or underpaid. The new provision permits the recipient to request an adjustment of benefits when the Department of Labor and Industries or self-insurer fails to pay benefits because of clerical error, mistake of identity, or innocent misrepresentation.  The recipient must make the request within one year from the date of incorrect payment and may not seek adjustment because of adjudicator error (failure to consider information in the file or to secure adequate information, or an error in judgment).