The 1994 Session of the N.C. General Assembly enacted what has been entitled the Workers' Compensation Reform Act of 1994. As part of that Act, the General Assembly enacted two statutes that apply to workers' compensation fraud. N.C. Gen. Stat. §97-88.2 is entitled Penalty for Misrepresentation, and N.C. Gen. Stat. §97-88.3 is entitled Penalty for Health Care Providers.
In 1995, the General Assembly amended N.C. Gen. Stat. §97-88.2 and gave the N.C. Industrial Commission the responsibility for investigating cases of suspected fraud and violations of the Workers' Compensation Act.
During its 1997 Session, the General Assembly ratified House Bill 618: An Act to Increase the Criminal Penalties for Misrepresentation and for Failure to Secure Compensation Under the Workers' Compensation Act. This bill amended N.C. Gen. Stat. §97-88.2 and N.C. Gen. Stat. §97-94.
The primary mission of the Industrial Commission's Workers' Compensation Fraud Investigations Section is to conduct investigations of cases of suspected workers' compensation fraud and violations related to the Workers' Compensation Act. The Fraud Investigations Section has been given the statutory authority to investigate claims of suspected fraud involving claimants, employers, insurance company officials, officials of third-party administrators, insurance agents, attorneys, health care providers, and vocational rehabilitation providers.
The Fraud Investigations Section consists of two fraud investigators and one secretary. To report workers' compensation fraud, dial toll free:
(888) 891-4895 (in North Carolina), Fax: (919) 715-0282, FraudComplaint@ind.commerce.state.nc.us
The telephone numbers and e-mail addresses for the Fraud Investigations Section are as follows:
| Fraud Investigators Samuel M. Constance |
constans@ind.commerce.state.nc.us | (919) 807-2567 |
| Joe Lynch | lynchj@ind.commerce.state.nc.us | (919) 807-2568 |
|
Counsel to the Industrial Commission from the Attorney General's Office Tracy C. Curtner |
curtnert@ind.commerce.state.nc.us | (919) 807-2634 |
| Secretary Barbara Jenkins |
jenkinsb@ind.commerce.state.nc.us | (919) 807-2569 |
If you have information regarding workers' compensation fraud or questions about it, please feel free to contact the Fraud Investigations Section Monday through Friday from 8:00 A.M. to 5:00 P.M. If we are busy or out of the office, please leave a message on our voice mail. Be sure to leave a telephone number and a convenient time for an investigator to contact you. Your identity will be protected.
The following papers address various aspects of workers' compensation fraud: