How has section 1871.5 of the California Workers' Compensation Act been interpreted by the courts?

California, United States of America


The following excerpt is from In Re: Eliodoro Dieguez, 107 Cal.Rptr.2d 160, 89 Cal.App.4th 266 (Cal. App. 2001):

Thus the jury instructions given by the trial court followed the precise language of section 1871.4, subdivision (a)(1). The only specific intent required by the statute is the intent to obtain or deny workers' compensation benefits; this is what the jury was instructed. (People v. Webb (1999) 74 Cal.App.4th 688, 693 [violation of section 1871.4, subdivision (a)(1) requires that defendant knowingly make a false, material statement for the purpose of obtaining workers' compensation benefits].) Conceding that specific intent to defraud is not required by the language of section 1871.4, appellant nevertheless contends that it is implied, and should be included as a required element in any jury instruction on that statute. The contention is meritless.5

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