reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:28 - Compensation for Temporary Total Disability.

281-A:28 Compensation for Temporary Total Disability. –
An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury which is totally disabling, but temporary in nature, and the employee is unable to return to work, but has not achieved maximum medical improvement, but not for the first 3 days of disability unless the disability continues for 14 days or longer, as follows:
I. If an employee's average weekly wage is 30 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of that employee's average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee's after tax earnings as determined by RSA 281-A:15.
II. If an employee's average weekly wage is over 30 percent of the state's average weekly wage, weekly compensation shall be 60 percent of that employee's average weekly wage or 30 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined under RSA 281-A:15. For purposes of this section, the department of employment security shall establish the state's average weekly wage for the immediate preceding calendar year to be effective the following July 1.
III. Notwithstanding the provisions of RSA 281-A:26, 28, 29, and 32, the compensation of persons who regularly operate businesses or practice their trades, professions, or occupations as provided by RSA 281-A:2, VI shall be computed on the basis of 80 percent of their average weekly salary, but no more than 150 percent of the state's average weekly wage. The state's insurance commissioner is hereby authorized to review and approve an appropriate classification for the foregoing class of persons and a reasonable rate, if the commissioner chooses to do so.
Source.
1988, 194:2. 1990, 254:18, 19. 1994, 3:7, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:28-a - Compensation for Permanent Total Disability.

281-A:28-a Compensation for Permanent Total Disability. –
In case of total disability where the employee is unable to engage in gainful employment and the employee has reached maximum medical improvement, permanent benefits shall be payable to the employee during the continuance of such total disability, as follows:
I. If an employee's average weekly wage is 30 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of said employee's weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee's after tax earnings as determined pursuant to RSA 281-A:15.
II. If an employee's average weekly wage is over 30 percent of the state's average weekly wage, weekly compensation shall be 60 percent of the employee's average weekly wage or 30 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined pursuant to RSA 281-A:15. For the purposes of this section, the state's average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.
III. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, gainful employment.
Source.
1990, 254:20. 1994, 3:8, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:29 - Adjusted Total Disability Benefits.

281-A:29 Adjusted Total Disability Benefits. –
For all compensable injuries occurring on or after July 1, 1963, for which total disability continues, except those injuries for which the employee is entitled to benefits under the federal Social Security Act, as amended, the injured employee shall be entitled to an adjustment in the weekly compensation rate effective July 1, 1975, based upon the following formula:
I. Determine the percentage of the injured employee's average weekly wage at the time of the injury to the state's average weekly wage as established by the department of employment security for the same corresponding year. In no event shall the percentage exceed 100 percent of the state's average weekly wage.
II. Determine the adjusted average weekly wage of the injured employee by applying the percentage determined in paragraph I against the state's current average weekly wage which is established annually on July 1 for the previous calendar year.
III. Determine the revised weekly rate of compensation by applying the adjusted average weekly wage to the current schedule of benefits under RSA 281-A:28.
IV. The injured employee shall be entitled to an adjustment in the weekly compensation rate at one year intervals on July 1 in each year with the initial review occurring on or after the third anniversary of the injury.
V. Every insurance carrier or self-insured employer shall be required to report each compensable injury case to the commissioner if total disability payments continue or are expected to continue for 6 months from the date of injury.
VI. Adjustments in weekly benefit rates shall only apply to the provisions of RSA 281-A:28 and shall not be retroactive from the anniversary date of such review, unless an employee entitled to such adjustment did not receive the amount due because of a mistake, misfortune, or lack of knowledge.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:31 - Compensation for Temporary Partial Disability.

281-A:31 Compensation for Temporary Partial Disability. –
If the disability for work resulting from an injury is partial, and the employee is able to work but has not yet reached maximum medical improvement, the employer, or the employer's insurance carrier, during such disability, but not for the first 3 days of disability unless the disability continues for 14 days or longer, shall pay to the injured employee a weekly compensation equal to 60 percent of the difference between the employee's average weekly wage before the injury and the average weekly wage which he or she is able to earn thereafter; but in no instance shall the weekly compensation exceed the amount set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and, if the partial disability begins after a period of total disability, the period of total disability shall be deducted from such total period of 262 weeks.
Source.
1988, 194:2. 1990, 254:21. 1994, 3:9, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:31-a - Compensation for Permanent Partial Disability.

281-A:31-a Compensation for Permanent Partial Disability. –
Where the disability for work resulting from an injury is permanent but partial in nature, the employee has reached maximum medical improvement, is able to return to work, and there is an impairment in accordance with the "Guides to the Evaluation of Permanent Impairment" published by the American Medical Association as set forth in RSA 281-A:32, the employer, or insurance carrier, during such disability shall pay to the injured employee a weekly compensation equal to 60 percent of the difference between his average weekly wage before the injury and the average weekly wage which he is able to earn thereafter. However, in no instance shall the weekly compensation exceed the amounts set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and if the partial disability begins after a period of total disability, the period of disability shall be deducted from such total period of 262 weeks.
Source.
1990, 254:22. 1994, 3:10, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:32-a - First Responder's Critical Injury Benefit.

281-A:32-a First Responder's Critical Injury Benefit. –
I. In addition to other payments made under RSA 281-A, a group II retirement system member may request additional compensation under this section. If the impairment to a group II retirement system member resulting from an injury is partial, with a determination by the department of labor that the employee has reached maximum medical improvement and that such maximum medical improvement is less than 100 percent, the governor may draw a warrant, with approval by the executive council, from funds not otherwise appropriated for payments in addition to benefits payable under this chapter for an award to be paid to such employees in amounts provided by RSA 281-A:28 for the number of weeks set forth in this section for permanent bodily loss or impairment:
(a)
Permanent loss or impairment of heart, lung, or brain
208
(b)
Permanent loss or impairment of other internal organs
104
(c)
Permanent loss or impairment of speech, touch, taste, or smell
104
II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed $500,000 per biennium.
Source.
2014, 242:1, eff. July 21, 2014. 2016, 305:1, eff. June 21, 2016. 2017, 111:1, eff. June 8, 2017.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:32-b - Repealed by 2014, 242:2, II, eff. Nov. 1, 2014.

281-A:32-b Repealed by 2014, 242:2, II, eff. Nov. 1, 2014. –
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:33 - Double Compensation.

281-A:33 Double Compensation. –
Any employer who is liable for the compensation provided by any or all of RSA 281-A:26, 28, 31, or 32 shall, upon being found in violation of any provision of either or both RSA 277 and RSA 276-A, insofar as the latter chapter deals with prohibiting hazardous occupations for youth, and if there is recorded in the department a prior violation of the same kind or if the employer has failed to comply with written departmental recommendations applicable to a first violation within the reasonable period allowed, become liable for twice the amount of such compensation; provided, however, that if payment of compensation is secured pursuant to RSA 281-A:5, I, an employer and employer's insurance carrier shall share equally the payment of compensation under this section.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:34 - Maximum Benefits.

281-A:34 Maximum Benefits. –
In no case, except as provided in RSA 281-A:31, 32, or 33, shall the weekly compensation payable under this chapter exceed the benefits set forth in RSA 281-A:28.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:35 - Voluntary Payments.

281-A:35 Voluntary Payments. –
Payments made by an employer, or the employer's insurance carrier, to an injured employee during the period of the employee's disability, or to the dependents of such employee, which, by the provisions of this chapter, were not due and payable when made, may, subject to the approval of the commissioner, be deducted from the amount to be paid as compensation; provided that, in a case of disability, such deduction shall be made by shortening the period during which compensation shall be paid and not by reducing the amount of the weekly payments under this chapter.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:36 - Savings or Insurance; Benefits to Injured Employee From Other Sources.

281-A:36 Savings or Insurance;  Benefits to Injured Employee From Other Sources. –
No savings or insurance of the injured employee independent of this chapter shall be taken into consideration in determining the compensation to be paid under this chapter, nor shall benefits derived from any source other than the employer be considered in fixing the compensation under this chapter.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:37 - Lump Sum Payments.

281-A:37 Lump Sum Payments. –
I. Where there has been a determination of compensability by the employer, the employer's insurance carrier, the commissioner, the commissioner's designated representative or the board, in cases where there have been at least 12 months of continuous disability, or where the best interests of all concerned will be served, lump sum agreements may be approved by the commissioner. Nothing in this section shall prohibit the employer or the employer's insurance carrier from making a determination of compensability at any time.
II. In no event shall the medical provisions of this chapter be lump summed. The costs of vocational rehabilitation services as provided in RSA 281-A:25 may be lump summed provided the lump sum agreement specifically sets forth the portion of the lump sum amount attributable to vocational rehabilitation services. Such sum shall be held in escrow by the employer or insurance carrier and shall be paid to the provider of the vocational rehabilitation services for services incurred by the claimant. Any lump sum agreement which proposes to include the costs of vocational rehabilitation services shall also specify the nature of the vocational rehabilitation services to be provided to the claimant and shall require the claimant to commence such vocational rehabilitation services within 6 months of the approval of the agreement. The employer and the insurance carrier shall not be liable for vocational rehabilitation services incurred if the claimant fails to commence use of vocational rehabilitation services within 6 months after approval of the lump sum agreement, unless the period is extended by the commissioner for good cause.
III. No lump sum agreement shall be approved under this section except after a hearing before the commissioner or the commissioner's designated representative.
IV. Any lump sum payment which does not comply with this section shall not be included in data filed with the insurance department for ratemaking purposes nor shall it affect the employer's experience modification factor.
Source.
1988, 194:2. 1993, 357:1. 1994, 3:11, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:38-a - Examination of Injured Employees Covered by Managed Care Programs.

281-A:38-a Examination of Injured Employees Covered by Managed Care Programs. –
If an injured employee who is covered by a managed care program established in accordance with RSA 281-A:23-a is dissatisfied with a determination made by such program relating to compensability, degree of disability or degree of impairment arising from an injury, the injured employee may apply to the commissioner for authorization to obtain an independent examination and report thereof by a duly qualified health care provider, in accordance with RSA 281-A:38, of the injured employee's choice. The commissioner shall grant one such authorization as a matter of course. Authorization for additional independent examination regarding the same injury may be granted only if the commissioner finds that exceptional circumstances exist which cast reasonable doubt on the accuracy of the report of the first independent examination. The health care provider conducting an independent examination authorized by the commissioner under this section shall be entitled to a reasonable fee therefor, which shall be paid by the employer or the employer's insurance carrier. Nothing in this section shall be construed to prevent an injured employee from obtaining an examination by a health care provider of the injured employee's choice, at the employee's expense.
Source.
1993, 311:2. 1996, 231:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:39 - Refusal to Submit to Examination.

281-A:39 Refusal to Submit to Examination. –
If the employee refuses to submit to an examination as provided in RSA 281-A:38 or obstructs that examination, the employee's right to weekly payments shall be suspended until such examination has taken place; and no compensation shall be payable during or for such period. If medical bills are in dispute and the employee refuses to submit to an examination as provided in RSA 281-A:38 or obstructs that examination, the employee's right to a hearing shall be suspended until such examination has taken place.
Source.
1988, 194:2. 2005, 94:2, eff. Aug. 6, 2005.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:40 - Memorandum of Payment.

281-A:40 Memorandum of Payment. –
An employer or the employer's insurance carrier shall make payment of compensation in the amount and manner provided by this chapter. Payment shall be made by direct deposit 6 weeks from the date of disability if the injured worker elects this payment method. The employer or the employer's insurance carrier shall notify the injured worker in writing of his or her right to payment by direct deposit. If no election is made, payment shall be made by paper check mailed to the injured worker. The employer shall file memoranda of payments with the commissioner in accordance with rules adopted by the commissioner under RSA 281-A:60.
Source.
1988, 194:2, eff. July 1, 1989. 2018, 311:1, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:41 - Payment Without Prejudice.

281-A:41 Payment Without Prejudice. –
No payment of any benefits under this chapter shall in any way prejudice the rights of an employer in any dispute regarding the question of whether or not an injury or occupational disease arose out of and in the course of an employee's service.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:42-aa - Compensation Appeals Advisory Board.

281-A:42-aa Compensation Appeals Advisory Board. –
I. There is hereby established a compensation appeals advisory board to advise the commissioner relative to candidates for the compensation appeals board, established in RSA 281-A:42-a. The board shall be composed of 5 members:
(a) One member representing labor, appointed by the commissioner from a list of nominees provided by the New Hampshire organized labor groups.
(b) One member representing business, appointed by the Business and Industry Association of New Hampshire and the New Hampshire Association of Chamber of Commerce Executives.
(c) An attorney representing plaintiffs, appointed by the New Hampshire Association for Justice.
(d) An attorney representing defendants, appointed by the New Hampshire Bar Association.
(e) One member representing insurance, appointed by the New Hampshire Adjusters Association.
II. The term of office for each member of the board shall be for 3 years; provided, however, that of the members initially appointed, one shall be appointed for a term of one year, 2 shall be appointed for 2 years, and 2 shall be appointed for 3 years. Three members shall constitute a quorum for conducting business. No member shall serve for more than 2 consecutive terms. Members of the board may be removed from office for cause pursuant to RSA 4:1. The board shall meet as required to carry out its responsibilities. There shall be no monetary compensation provided to members who serve on the board.
III. The commissioner of labor shall be the non-voting chair of the advisory board.
IV. The advisory board shall:
(a) Evaluate candidates for the compensation appeals board based upon the nominee's education, knowledge, and experience in the area of workers' compensation law.
(b) Submit names of qualified candidates to the commissioner.
(c) Receive complaints from the commissioner, pursuant to RSA 281-A:42-e, regarding current appeals board members.
(d) Distribute an anonymous questionnaire to participants who are involved in the appeals process.
V. The board shall develop procedures which the commissioner shall adopt by rule, under RSA 541-A, relative to the duties established under paragraph IV.
Source.
2003, 115:1, eff. Jan. 1, 2004. 2014, 21:1, eff. May 23, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:42-b - Hearing Officers.

281-A:42-b Hearing Officers. –
The commissioner shall appoint as many individuals as necessary to carry out the department's responsibilities under this chapter. Such individuals shall have experience in workers' compensation and shall hear workers' compensation cases before the commissioner. The commissioner shall set forth the job qualification necessary to insure that each hearing officer is qualified to hear workers' compensation cases. The salary shall be commensurate with the responsibilities and experience required. The commissioner shall, by rules adopted under RSA 541-A, strengthen the reporting structure and the role of a hearing officer; develop a code of ethics for hearings and hearing officers; develop and require at least 15 hours of continuing education on an annual basis for hearing officers; and require a minimum of an additional 15 hours of annual training and briefing with the attorney general's staff.
Source.
1990, 254:28, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:42-c - Position Established for Assisting Unrepresented Injured Employees.

281-A:42-c Position Established for Assisting Unrepresented Injured Employees. –
There is hereby created within the department of labor the classified full-time position of dispute resolution coordinator. The coordinator shall assist unrepresented injured employees in understanding, asserting, and protecting their rights under this chapter. The coordinator shall meet with or otherwise exchange information with injured employees, investigate injured employees' claims or potential claims, and communicate with employers, insurance carriers, group funded self-insurers, and health care providers on behalf of injured employees, with the objective of resolving claims or potential claims promptly and amicably. However, assistance provided under this section shall not include representing claimants in hearings.
Source.
1993, 357:2. 1994, 3:13, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:42-d - Time Limitation for Petition for Hearing.

281-A:42-d Time Limitation for Petition for Hearing. –
Compensation for disability, rehabilitation, medical benefits, or death benefits under this chapter shall be barred unless the claimant petitions for a hearing under RSA 281-A:43 within 18 months after the claimant receives notice that the claim has been denied by the insurance carrier or self-insurer pursuant to RSA 281-A:42, I(b).
Source.
1994, 3:14, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:42-e - Complaints Regarding Compensation Appeals Board Members.

281-A:42-e Complaints Regarding Compensation Appeals Board Members. –
Any participant involved in the appeals process who has a complaint concerning the conduct of any member of the compensation appeals board shall write to the commissioner of labor stating such complaint. The commissioner shall investigate the complaint and, if the commissioner determines the complaint is valid, take such corrective action as is warranted. The commissioner shall make a list of the complaints filed against a member of the appeals board available to the advisory board, established in RSA 281-A:42-aa, when that appeals board member is being considered for nomination for a new term.
Source.
2003, 115:3, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:45 - Manner of Giving Notice of Hearing.

281-A:45 Manner of Giving Notice of Hearing. –
A notice of a hearing under the provisions of this chapter may be given by giving notice in hand or by sending it by regular or certified mail return receipt requested addressed to the employee, the employer and the employer's insurance carrier, at each party's last known residence or place of business.
Source.
1988, 194:2. 2005, 85:6, eff. June 7, 2005.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:46 - Payment Pending Determination of Coverage; Establishing Liability for Benefits.

281-A:46 Payment Pending Determination of Coverage;  Establishing Liability for Benefits. –
I. If an employee's right to compensation, other benefits, or both, under this chapter is not in dispute either as to eligibility or amount, but a dispute arises between successive employers or between successive insurance carriers for the same employer regarding liability for benefits, the commissioner, following notice to all interested parties and hearing, shall enter an order setting forth the liability of an employer or insurance carrier for the payment of compensation, other benefits, or both, in the first instance. The employer or insurance carrier ruled liable shall immediately start payment pending final determination. The commissioner may make such orders for the deposit of security as may be necessary. When the issue of liability is finally determined, either the commissioner or the court in which the issue is finally resolved shall enter an order making such financial adjustment as may be appropriate in order to effectuate the decision.
II. Except as provided in RSA 281-A:54, if compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease, and any insurance carrier on the risk at the time such employee was last so exposed, shall alone be liable for that compensation without a right to contribution from any prior employer or insurance carrier.
III. Except as provided in RSA 281-A:54, if compensation is payable for an injury, other than an occupational disease, which aggravates a preexisting physical condition, the employer in whose employment the employee sustained the most recent injurious incident and any insurance carrier on the risk when such injurious incident occurred, shall alone be liable for any benefit allowable under this chapter without a right to contribution from any prior employer or insurance carrier.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:47 - Examination by Physician.

281-A:47 Examination by Physician. –
I. When application is made to the commissioner, the commissioner may refer the injured employee to one or more duly licensed and impartial physicians or surgeons or may refer the injured employee to a medical facility for an examination, the results of which shall be reported to the commissioner. The physicians, surgeons, or medical facility shall receive a reasonable fee for services and reimbursement for necessary expenses, which shall be paid by the party requesting such an examination. However, in the event that an employee requesting such an examination prevails in the determination by the commissioner, the fee and expenses shall be paid by the employer.
II. If, in the judgment of the commissioner, additional expert medical evidence is required in any case, the commissioner may refer the injured employee to one or more duly licensed and impartial physicians or surgeons or to a medical facility for an examination, the results of which shall be reported to the commissioner. The physicians, surgeons, or medical facility shall receive a reasonable fee for services plus reimbursement for necessary expenses. The state shall pay any fee or reimbursement on vouchers approved by the commissioner unless, in the commissioner's discretion, the commissioner determines that the employer should pay. The commissioner shall ordinarily accept as determinative the results of such a referral unless, after hearing, the commissioner specifically finds that the results do not accurately reflect the employee's condition.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:49 - Witnesses; Blanks.

281-A:49 Witnesses;  Blanks. –
All process and procedure under the provisions of this chapter shall be as summary and simple as reasonable. The commissioner shall have the power, so far as it is necessary for the determination of matters within the commissioner's jurisdiction, to subpoena witnesses, to administer oaths and to examine the books and records of parties to any proceedings under this chapter. The superior court shall, by proper proceedings, have power to enforce the attendance and testimony of witnesses and the production and examination of books, papers, and records before the commissioner.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:50 - Petition for Right to Appeal.

281-A:50 Petition for Right to Appeal. –
Any person aggrieved by a decision of the commissioner who was prevented from appealing from such decision within 30 days through mistake, accident, or misfortune and not through the person's own neglect may petition the compensation appeals board, established under RSA 281-A:42-a, at any time within one year after the commissioner's decision to be allowed an appeal. Such petition shall set forth the petitioner's interest, the reason for appealing, and the cause of the delay.
Source.
1988, 194:2. 1993, 142:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:51 - Preferences of Claims for Compensation.

281-A:51 Preferences of Claims for Compensation. –
All rights of compensation granted by the provisions of this chapter shall have the same preference or priority against the assets of the employer as is allowed by law for a claim by an employee against an employer for unpaid wages.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:52 - Assignments; Exemption From Claims of Creditors; Attorneys' Fees.

281-A:52 Assignments;  Exemption From Claims of Creditors;  Attorneys' Fees. –
I. Claims for compensation under this chapter shall not be assignable, and the compensation and any claim for compensation shall be exempt from all claims of creditors except as provided in this section. Claims for payment by physicians, hospitals, and for other remedial care chargeable to the employee and rendered in connection with a compensated injury and claims of attorneys for services rendered an employee in prosecuting a claim under this chapter, when approved by the superior court, may be enforced against the compensation award in such manner as the superior court may direct.
II. Claims for child support payments, pursuant to RSA 458-B, may be enforced against compensation awards.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:53-a - Responsibility of Employee.

281-A:53-a Responsibility of Employee. –
I. Any employee receiving workers' compensation benefits pursuant to this chapter has an affirmative duty to report any changes in his or her employment status or earnings, or both, to the carrier or self-insured.
II. Every carrier or self-insured shall notify any employee receiving benefits pursuant to this chapter of this duty on a form approved by the commissioner. Such form shall indicate that failure to report any change in employment status or earnings may subject the employee to civil or criminal penalties. The form shall further indicate that failure to complete and return the form to the carrier or self-insured within 30 days of the request may result in a suspension of the employee's compensation benefits.
III. In the event that the employee fails to return a completed form within 30 days of the carrier or self-insured's request, the carrier or self-insured may send a notice of intent to suspend compensation benefits to the employee and to the commissioner. If within 15 days of such notice the carrier, self-insured, or the commissioner has not received a completed form, the carrier or self-insured may petition the commissioner to suspend compensation benefits until such time as the form is filed. Upon receipt of a petition to suspend compensation, the commissioner may order compensation payments suspended until such time as the employee files the form. Upon receipt of the form, benefits shall be paid retroactive to the date of suspension.
IV. The carrier or self-insured shall send an employee receiving compensation benefits such a form not more than once every 3 months.
Source.
2000, 158:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:55 - Special Fund for Second Injuries.

281-A:55 Special Fund for Second Injuries. –
I. A special fund is hereby established in the state treasury for the purpose of making payments in accordance with RSA 281-A:15, III, RSA 281-A:54 and this section. The commissioner shall administer the fund. The state treasurer shall be the custodian of the fund, and all moneys and securities in the fund shall be held in trust by the state treasurer and shall not constitute money or property of the state.
II. The state treasurer is authorized to disburse moneys from the fund only upon written order of the commissioner. The state treasurer shall be required to give bond in an amount to be fixed and with securities approved by the commissioner conditioned upon the faithful performance of the treasurer's duty as custodian of the fund. The premium of the bond shall be paid out of the fund.
III. Each insurance carrier and self-insurer shall, pursuant to rules adopted by the commissioner, make payments to the fund in an amount equal to that proportion of 115 percent of the total obligation of the fund during the preceding 12 months, less the amount of the net assets in the fund as of March 31 of the current year, which the total workers' compensation benefits, including medical benefits, paid by each insurance carrier and self-insurer bore to the total workers' compensation benefits, including medical benefits, paid by all insurance carriers and self-insurers in the preceding calendar year.
IV. The commissioner shall conserve the assets of the fund. In furtherance of this purpose, the attorney general shall appoint an employee of the department of justice to represent the fund in all proceedings brought to enforce claims against the fund.
V. An insurance carrier or self-insurer failing without sufficient cause to make payment under this section within the period specified by the commissioner shall be assessed a civil penalty of $100 for each day that the payment is overdue, which shall be deposited into the department of labor restricted fund established in RSA 273:1-b.
Source.
1988, 194:2. 1989, 294:5. 2005, 85:3, eff. June 7, 2005. 2011, 224:64, eff. July 1, 2011. 2021, 91:129, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:55-a - Reimbursement for Payment of Additional Compensation.

281-A:55-a Reimbursement for Payment of Additional Compensation. –
I. When an employer or carrier has paid additional compensation to an employee pursuant to RSA 281-A:15, III as a result of the employee's increased average weekly wages earned in concurrent employment, reimbursement for such additional compensation shall be made to the employer or carrier from the special fund created by RSA 281-A:55.
II. An employer or carrier shall notify the labor commissioner of any possible claim against the special fund as soon as practicable, but in no event later than 100 weeks after the injury or death.
Source.
1989, 294:6, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:56 - Penalty for False Representation.

281-A:56 Penalty for False Representation. –
I. A person who makes a false statement or representation for the purpose of obtaining any benefit or payment under this chapter, whether for himself or herself or for any other person, and who does not believe the statement or representation to be true, shall be subject to prosecution and punishment for false swearing under RSA 641:2, unsworn falsification under RSA 641:3, or perjury under RSA 641:1, as the case may be, and, upon conviction, the court may order forfeit all of the person's rights to the compensation sought. In addition to any other remedy, the employer or insurance carrier providing the benefit or payment shall be entitled to restitution as authorized in RSA 651:63.
II. An employer or insurance carrier, or any employee, agent, or person acting on behalf of an employer or insurance carrier, who makes a false statement or representation in the course of reporting, investigating or adjusting a claim for any benefit or payment under this chapter and who does not believe the statement or representation to be true shall be subject to prosecution and punishment for false swearing under RSA 641:2, unsworn falsification under RSA 641:3, or perjury under RSA 641:1, as the case may be.
Source.
1988, 194:2. 1993, 239:2. 2000, 158:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:57 - General Penalty.

281-A:57 General Penalty. –
Except as otherwise provided, any person who violates any provision of this chapter or any order issued by the superior court or by the commissioner under this chapter shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:57-a - Penalty Collection Powers.

281-A:57-a Penalty Collection Powers. –
I. Notwithstanding the provisions of any other law, with respect to the collection of any fees, penalties, or interest administered by the department, the department of labor shall cause a certified copy of the notice and demand for payment of such fees, penalties, or interest to be filed in accordance with RSA 454-B:2 and such filing and service of the notice and demand shall constitute a lien upon the real estate, personal estate, property interest, right, or credit to which the notice and demand relates, or which may be subsequently discovered.
II. If the party liable for such fees, penalties, or interest neither resides in nor owns property in this state, then the notice and demand in paragraph I of this section shall be filed with the secretary of state and shall constitute a lien in the manner as provided in paragraph I.
III. Any lien filed pursuant to this section shall continue and shall be valid and binding until the liability for the sum, with interest, costs, and attorney's fees is satisfied or 6 years from the date such lien is filed, whichever is earlier.
IV. In the event the liability, interest, costs, and attorney's fees are not satisfied before the end of the original term of the lien, any lien filed pursuant to this section may be renewed for the same term as the original term of the lien by refiling according to the procedures set forth in paragraphs I-III.
V. A bankruptcy filing shall not affect the validity of any lien properly filed or renewed in accordance with this section.
VI. Upon neglect or refusal of any person or corporation to pay the fees, penalties, or interest assessed upon them, the department may distrain the personal estate, property interest, right, or credit of such person or corporation.
Source.
2008, 270:4, eff. June 26, 2008.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:61 - Reports of the Commissioner.

281-A:61 Reports of the Commissioner. –
I. The commissioner shall make a report to the governor, by October 1 of each odd-numbered year, showing the work done during the preceding 2 fiscal years. The report shall include a properly classified statement of department expenses, statistical information relating to the number and character of industrial accidents during such 2 years and such other information and recommendations as the commissioner deems pertinent. The report shall be printed as part of the commissioner's biennial report.
II. The commissioner shall make a workplace safety and injury report, which shall be submitted with the report required under paragraph I, to the governor and the legislature. The report shall provide statistical information pertaining to the nature, character and severity of industrial accidents, injuries, and illnesses in New Hampshire and information pertaining to the department's and employers' efforts in the area of safety promotion and accident prevention. This report shall include, but not be limited to, the types and frequency of reported injuries; the job classifications from which such injuries have been reported; a report of employer compliance with RSA 281-A:64; the annual listing of best and worst performers as prepared by the commissioner under the provisions of RSA 281-A:64; a report of all departmental activities required under RSA 281-A:65; specific recommendations for improved workplace safety promotion and injury prevention; and any other such information and recommendations pertaining to workplace injuries and injury prevention as the commissioner deems appropriate.
Source.
1988, 194:2. 1994, 3:18, eff. Feb. 8, 1994. 2015, 259:18, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:62 - Advisory Council.

281-A:62 Advisory Council. –
I. There is hereby established an advisory council on workers' compensation. The advisory council shall consist of 9 members: the commissioner or a designee; the insurance commissioner or a designee; one member of the house of representatives, appointed by the speaker of the house; one member of the senate, appointed by the president of the senate; and 5 persons appointed by the governor and council, one representing the interests of management, who shall not have interests in the insurance field, one representing the interests of labor, one representing insurance interests of commercial workers' compensation carriers, one representing self-funded employers and one representing health care providers. The legislative members of the advisory council and the 5 members appointed by the governor and council shall be familiar with the workers' compensation laws of New Hampshire. Any person appointed by the governor and council who is not qualified or who ceases to be qualified in the capacity in which such person is serving on the advisory council shall be replaced by the governor and council. The advisory council shall discuss problems related to the administration of this chapter and shall discuss policy goals. The advisory council shall also ratify managed care programs established under RSA 281-A:23-a. The term of office of each member appointed by the governor and council shall be 3 years and until a successor is appointed and qualified. Vacancies shall be filled in the same manner and for the unexpired terms. Each member of the advisory council shall be reimbursed for necessary travel and other necessary expenses.
II. The council shall meet as necessary and shall annually review the performance of the workers' compensation system and issue a report of its findings and conclusions on or before January 1 of each year to the governor, the labor commissioner, the commissioner of insurance, the speaker of the house of representatives, the president of the senate, and appropriate committee chairs of both houses as to the status of the workers' compensation system. In performing its responsibilities, the council may:
(a) Make recommendations relating to the adoption of rules and necessary legislation.
(b) Develop recommendations regarding the method and form of statistical data collection.
(c) Monitor the performance of the workers' compensation system and monitor the implementation of legislative directives.
III. The department of labor and other state agencies shall cooperate with the council and shall provide necessary information and staff support.
Source.
1988, 194:2. 1990, 254:35. 1993, 311:3. 1995, 15:2. 1996, 231:6, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:63 - Claims Adjusters.

281-A:63 Claims Adjusters. –
I. Any insurance carrier, self-insured employer or employer group, or claims adjusting company handling workers' compensation claims in this state shall utilize a claims adjuster licensed in New Hampshire and such claims adjuster shall maintain suitable facilities in this state.
II. Every 2 years, at least 60 days prior to the renewal date of their license, persons holding a license to adjust workers' compensation insurance claims shall certify to the department of insurance that they have completed courses of instruction, preapproved by the insurance department, providing a minimum of 20 hours, 10 hours of which shall inform the licensee of the current workers' compensation laws of this state, to enable the licensee to engage in the business of a workers' compensation adjuster fairly and without injury to the public and to adjust all claims in accordance with the workers' compensation laws of this state and 10 hours of which shall be in any other preapproved multi-line claims adjusters course of instruction.
Source.
1990, 254:36. 1997, 324:3, eff. June 23, 1997.