A. If in order to obtain any compensation, benefit or payment under this chapter, either for himself or for another, any person knowingly makes a false statement or representation, the person is guilty of a class 6 felony, and, if the person is a claimant for compensation, the claimant shall also forfeit all right to any future temporary or permanent disability compensation for the claim on which the false statement or representation was made after conviction of the offense. Forfeiture pursuant to this section does not terminate on any subsequent designation of the offense as a misdemeanor.
B. Notwithstanding section 13-801, a sentence to pay a fine for a violation of this section by a claimant or co-employee shall be a sentence to pay an amount fixed by the court of not more than fifty thousand dollars.
C. Any person who commits a violation under this section is also subject to the penalties prescribed in sections 20-466.02 and 20-466.04.
D. A claimant for compensation shall personally sign any monthly or annual income status report that requests the claimant to report employment status or earnings to the insurance carrier or self-insured employer, including the annual report of earnings pursuant to section 23-1047. The reporting document shall contain the following statement:
Any person who knowingly makes a false statement or representation to obtain any compensation, benefit or payment is guilty of a class 6 felony and is subject to up to one and one-half years in prison, a fifty thousand dollar fine and forfeiture of benefits. By my signature below, I am applying for all benefits to which I may be entitled and I swear that the statements made on this application are true, correct and complete to the best of my knowledge.
E. For the purposes of this section, "statement" includes any notice, proof of injury, bill for services, payment for services, hospital or doctor records, x-rays, test reports, medical or legal expenses, or other evidence of loss or injury, or other expense or payment.
Notes of Decisions
Obregon v. Indus. Comm'n of Arizona, 177 P.3d 873 (Ariz. Ct. App. 2008).
· cites it 35× “¶4 In May 2006, Claimant was found guilty of false statements to obtain compensation benefits pursuant to A.R.S. § 23-1028. This conviction was based on Claimant having fraudulently obtained temporary partial disability benefits from March 2004 through October 2004.”
Jardanowski v. Indus. Com'n of Arizona, 3 P.3d 1166 (Ariz. Ct. App. 2000).
· cites it 81× “00 for each violation of A.R.S. § 23-1028). B. Double Jeopardy ¶ 15 Petitioners contend that suspending their benefits after they were already convicted and sentenced for misconduct in obtaining benefits in the first place subjects them to double jeopardy.”
State v. Wilson, 26 P.3d 1161 (Ariz. Ct. App. 2001).
· cites it 4× “¶ 24 For the first time at oral argument, without citing any pertinent authority, the state contended that Wilson’s filing of a claim for workers’ compensation benefits eviscerated the privilege because all records and reports compiled in connection with that claim are “public”…”
Marriott Corp. v. Indus. Com'n of Arizona, 708 P.2d 1307 (Ariz. 1985).
· cites it 5× “A.R.S. § 23-1028 provides that a claimant shall forfeit any compensation, benefit, or payment if he is convicted under its provisions of obtaining any compensation, benefit or payment by wilfully making a false statement or misrepresentation.”
Sw. Nurseries v. Indus. Comm'n, 650 P.2d 473 (Ariz. Ct. App. 1982).
· cites it 4× “Claimant’s final argument is that A.R.S. § 23-1028 is the exclusive remedy for fraudulent claims for workmen’s compensation benefits.”
Bearden v. Indus. Comm'n, 483 P.2d 568 (Ariz. Ct. App. 1971).
· cites it 4× “Under A.R.S. § 23-1028 if one has willfully made a false statement or representation in order to obtain compensation, he shall be guilty of a misdemeanor and "he shall in addition forfeit all right to such compensation, benefit or payment after conviction of the offense.”
Aranda v. Indus. Com'n of Arizona, 989 P.2d 157 (Ariz. Ct. App. 1999).
· cites it 2× “§ 23-1047(D) (imposing suspension for failing to file annual earnings report) with A.R.S. § 23-1028(A)(Supp.l998) (imposing forfeiture for knowingly making false statement to obtain workers’ compensation benefits) and A.”
Marriott Corp. v. Indus. Comm'n, 708 P.2d 1314 (Ariz. Ct. App. 1985).
· cites it 2× “Under A.R.S. § 23-1028, any person who obtains a benefit under the act by an intentional false statement is guilty of a misdemeanor and if a claimant is convicted of such he forfeits his benefits.”
State of Arizona v. Hon. marner/haniffa (Ariz. 2026).
· cites it 3× “MARNER/HANIFFA Opinion of the Court determined the proper interpretation of A.R.S. § 23-1028(A). The phrase “compensation, benefit, or payment” appeared three times in § 23-1028(A).”
Vande Krol v. superstition/benchmark (Ariz. 2025).
· cites it 2× “2008) (reviewing a suspended benefits claim due to employee’s criminal conviction for fraudulently seeking to obtain compensation benefits pursuant to A.R.S. § 23-1028); Glodo v. Indus. Comm’n, 191 Ariz.”
fry's/kroger v. Briles (Ariz. Ct. App. 2022).
“Kroger cites § 23-1028(A) in support, but that provision explicitly requires a conviction for making the false statement to trigger forfeiture.”
— Ariz. Rev. Stat. § 23-1028(A) — 6 cases
Obregon v. Indus. Comm'n of Arizona, 177 P.3d 873 (Ariz. Ct. App. 2008).
“¶4 In May 2006, Claimant was found guilty of false statements to obtain compensation benefits pursuant to A.R.S. § 23-1028. This conviction was based on Claimant having fraudulently obtained temporary partial disability benefits from March 2004 through October 2004.”
Jardanowski v. Indus. Com'n of Arizona, 3 P.3d 1166 (Ariz. Ct. App. 2000).
“00 for each violation of A.R.S. § 23-1028). B. Double Jeopardy ¶ 15 Petitioners contend that suspending their benefits after they were already convicted and sentenced for misconduct in obtaining benefits in the first place subjects them to double jeopardy.”
State v. Wilson, 26 P.3d 1161 (Ariz. Ct. App. 2001).
“¶ 24 For the first time at oral argument, without citing any pertinent authority, the state contended that Wilson’s filing of a claim for workers’ compensation benefits eviscerated the privilege because all records and reports compiled in connection with that claim are “public”…”
Aranda v. Indus. Com'n of Arizona, 989 P.2d 157 (Ariz. Ct. App. 1999).
“§ 23-1047(D) (imposing suspension for failing to file annual earnings report) with A.R.S. § 23-1028(A)(Supp.l998) (imposing forfeiture for knowingly making false statement to obtain workers’ compensation benefits) and A.”
State of Arizona v. Hon. marner/haniffa (Ariz. 2026).
“MARNER/HANIFFA Opinion of the Court determined the proper interpretation of A.R.S. § 23-1028(A). The phrase “compensation, benefit, or payment” appeared three times in § 23-1028(A).”
— Ariz. Rev. Stat. § 23-1028(B) — 1 case
Jardanowski v. Indus. Com'n of Arizona, 3 P.3d 1166 (Ariz. Ct. App. 2000).
“00 for each violation of A.R.S. § 23-1028). B. Double Jeopardy ¶ 15 Petitioners contend that suspending their benefits after they were already convicted and sentenced for misconduct in obtaining benefits in the first place subjects them to double jeopardy.”
— Ariz. Rev. Stat. § 23-1028(D) — 1 case
State v. Wilson, 26 P.3d 1161 (Ariz. Ct. App. 2001).
“¶ 24 For the first time at oral argument, without citing any pertinent authority, the state contended that Wilson’s filing of a claim for workers’ compensation benefits eviscerated the privilege because all records and reports compiled in connection with that claim are “public”…”
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