(a) A person who (1) knowingly makes a false or misleading statement, representation, or submission related to a benefit under this chapter; (2) knowingly assists, abets, solicits, or conspires in making a false or misleading submission affecting the payment, coverage, or other benefit under this chapter; (3) knowingly misclassifies employees or engages in deceptive leasing practices for the purpose of evading full payment of workers' compensation insurance premiums; or (4) employs or contracts with a person or firm to coerce or encourage an individual to file a fraudulent compensation claim is civilly liable to a person adversely affected by the conduct, is guilty of theft by deception as defined in AS 11.46.180, and may be punished as provided by AS 11.46.120 - 11.46.150.
(b) If the board, after a hearing, finds that a person has obtained compensation, medical treatment, or another benefit provided under this chapter, or that a provider has received a payment, by knowingly making a false or misleading statement or representation for the purpose of obtaining that benefit, the board shall order that person to make full reimbursement of the cost of all benefits obtained. Upon entry of an order authorized under this subsection, the board shall also order that person to pay all reasonable costs and attorney fees incurred by the employer and the employer's carrier in obtaining an order under this section and in defending any claim made for benefits under this chapter. If a person fails to comply with an order of the board requiring reimbursement of compensation and payment of costs and attorney fees, the employer may declare the person in default and proceed to collect any sum due as provided under AS 23.30.170(b) and (c).
(c) To the extent allowed by law, in a civil action under (a) of this section, an award of damages by a court or jury may include compensatory damages and an award of three times the amount of damages sustained by the person, subject to AS 09.17. Attorney fees may be awarded to a prevailing party as allowed by law.
Structure Alaska Statutes
Title 23. Labor and Workers' Compensation
Chapter 30. Alaska Workers' Compensation Act
Article 6. General Provisions.
Sec. 23.30.230. Persons not covered.
Sec. 23.30.235. Cases in which no compensation is payable.
Sec. 23.30.236. Members of the organized militia as employees.
Sec. 23.30.237. High school students in work-study programs as employees of the state.
Sec. 23.30.238. Volunteer emergency medical technicians as employees.
Sec. 23.30.239. Sole proprietors and partners as employees.
Sec. 23.30.241. Special officers as employees.
Sec. 23.30.242. Members of state boards and commissions as employees.
Sec. 23.30.243. Extending coverage to certain firefighters.
Sec. 23.30.244. Emergency and disaster relief forces as state employees.
Sec. 23.30.245. Invalid agreements.
Sec. 23.30.246. Search and rescue personnel as state employees.
Sec. 23.30.247. Discrimination prohibited.
Sec. 23.30.250. Penalties for fraudulent or misleading acts; damages in civil actions.
Sec. 23.30.255. Penalty for failure to pay compensation.
Sec. 23.30.260. Penalty for receiving unapproved fees and soliciting.
Sec. 23.30.263. Immunity from civil liability for workplace safety inspections.