A. Although the casino is entitled to invoke the defense of sovereign immunity for any claims brought against it, nothing herein shall impair the rights of the casino, or the Administrator on its behalf, at the casino’s sole discretion, to file a subrogation lien in any action or to enter as a plaintiff to pursue any recovery to which the casino may be entitled.

B. Whenever the Administrator pays any benefits as a result of clerical error, mistaken identity, innocent misrepresentation, or other mistake or similar circumstance that does not arise to the level of fraud or intentional omission or misrepresentation of a material fact, the Administrator shall request, and the recipient of such benefits shall reimburse, any monies expended within one (1) year of discovering the error. The Administrator shall have the discretion to waive, in whole or in part, any refund or reimbursement from a recipient where recovery would be futile, against equity, against good conscience, or under other similar circumstances.

C. Whenever the Administrator has been fraudulently induced to make any benefit payment under this chapter, either by a willful omission of or intentional misrepresentation of a material fact, the recipient shall repay the payment, along with a penalty of fifty percent (50%) of the payment amount. The Administrator must demand the repayment within one (1) year of discovering the fraud.

D. For the purpose of settlement for permanent partial impairment or permanent total impairment, the amount of benefits due may be reduced or denied in its entirety by the Administrator for preexisting impairment, whether work-related or not, if apportionment is medically documented by a physician or as the result of an independent medical examination approved by the Administrator. (Res. 2022-44 (Exh. A))