WAC 296-14-4125
How does the department calculate the
amount of overpayment charged to a claimant when a
determination of "willful misrepresentation" has been made in
initial claim adjudication? Overpayments are assessed in
cases where there has been willful misrepresentation.
When it is determined that a claim was initially accepted
as an industrial injury or occupational disease based on
willful misrepresentation, the overpayment calculation
includes all wage replacement benefits, permanent partial
disability benefits, medical benefits, vocational benefits,
and other medical aid fund benefits paid on the claim.
[Statutory Authority: RCW 51.04.010, 51.04.020, and 2004 c
243. 04-20-024, § 296-14-4125, filed 9/28/04, effective
11/1/04.]