8-43-402. False statement - felony.

Statute text

If, for the purpose of obtaining an order, benefit, award, compensation, or payment pursuant to the provisions of articles 40 to 47 of this title 8, either for self-gain or for the benefit of any other person, anyone willfully makes a false statement or representation material to the claim, such person commits a class 6 felony and shall be punished as provided in section 18-1.3-401 and forfeits all right to compensation under said articles upon conviction of the offense.

History

Source: L. 90: Entire article R&RE, p. 513, 1, effective July 1. L. 2002: Entire section amended, p. 1467, 20, effective October 1. L. 2023: Entire section amended, (HB 23-1293), ch. 298, p. 1782, 1, effective October 1.

Annotations

Editor's note: (1) This section is similar to former 8-53-129 as it existed prior to 1990.

(2) Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after October 1, 2023.

Annotations

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Update on Colorado Appellate Decisions in Workers' Compensation Law", see 32 Colo. Law. 113 (Oct. 2003). For article, "Update on Colorado Appellate Decisions in Workers' Compensation Law", see 33 Colo. Law. 117 (Nov. 2004).

Term "compensation" does not include medical benefits. Accordingly, claimant who was convicted of a felony for making a false statement or representation material to a claim for recovery did not forfeit her right to ongoing medical benefits. Support, Inc. v. Indus. Claim Appeals Office, 968 P.2d 174 (Colo. App. 1998).

Benefits unrelated to false statements are not forfeited. A conviction under this section requires forfeiture of only the compensation that was obtained as a result of false statements. Wolford v. Pinnacol Assurance, 107 P.3d 947 (Colo. 2005).

There must be a nexus between the false statements and the compensation forfeited. Wolford v. Pinnacol Assurance, 107 P.3d 947 (Colo. 2005).

Statutory limitation period does not apply because forfeiture under this section is a criminal sanction, automatic upon conviction. Wolford v. Pinnacol Assurance, 81 P.3d 1079 (Colo. App. 2003), rev'd on other grounds, 107 P.3d 947 (Colo. 2005).

This section does not violate double jeopardy prohibitions. Wolford v. Pinnacol Assurance, 81 P.3d 1079 (Colo. App. 2003), rev'd on other grounds, 107 P.3d 947 (Colo. 2005).

Forfeiture under this section does not constitute an excessive fine. Wolford v. Pinnacol Assurance, 81 P.3d 1079 (Colo. App. 2003), rev'd on other grounds, 107 P.3d 947 (Colo. 2005).

This section does not require the person accused of false statements or representations to file or cause to be filed a claim. The statute applies to "anyone [who] willfully makes a false statement or representation material to the claim". In using this language, the general assembly chose not to limit the statute to the filing of a claim or to false statements or representations made on a particular claim form. People v. Witek, 97 P.3d 240 (Colo. App. 2004).