New Hampshire Administrative Code

(a) The employee, carrier, or vocational rehabilitation provider may request in writing a hearing to decide any of the following issues: (1) Disputes regarding the employee's eligibility to receive vocational rehabilitation services; (2) Disputes regarding the level of services t…

A claimant, carrier, or employer may petition the commissioner under RSA 281-A:48 to review eligibility for compensation by reason of a change in condition, mistake as to the nature or extent of the injury or disability, fraud, undue influence, or coercion. Notes N.H. Admin. Code…

(a) No carrier shall reduce or terminate benefit payments for reasons other than provided by statute, Lab 506.02(p), or Lab 510.04 without obtaining prior approval of the commissioner pursuant to (b) through (d) below. (b) A carrier seeking approval to reduce or terminate benefit…

Pursuant to RSA 281-A:48, in the absence of work opportunity and on the basis of medical and other evidence, the earning capacity of a partially disabled person shall be 60% of the difference between 80% of the statutory minimum wage under RSA 279 in effect on the date of injury …

(a) Pursuant to RSA 281-A:3-a, a claimant who has become incarcerated pursuant to a conviction shall forfeit any right to workers' compensation indemnity benefits 30 days after incarceration for the remaining period of incarceration. (b) A carrier or employer who becomes aware of…

(a) Lump sum settlements of past, present and future weekly indemnity benefits under RSA 281-A:26, 28, 28-a, 31, 31-a, which may also include past, present or future scheduled permanent impairment awards to which the claimant may be entitled under RSA 281-A:32, shall be permitted…

Attorney's fees for legal services rendered to the claimant at the department level shall be limited to 20% of the actual recovery excluding medical benefits. Notes N.H. Admin. Code § Lab 511.02 #6806, eff 7-18-98 (formerly Lab 510.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED:…

(a) Upon recovering damages from a third person under RSA 281-A:13, employees, employers or carriers shall prepare in full and file for the commissioner's approval "Settlement of Third Party Claim Computation", form WC-3PR-1 (6/2015), contained in Appendix II or a copy of the cou…

(a) The commissioner may assess civil penalties of up to $2,500.00 against employers and insurance carriers who fail to pay or deny compensation promptly, fail to give the commissioner timely notice of such action, or fail to provide vital information in a timely manner as direct…

Notes N.H. Admin. Code § Lab 515.01 #4854, eff 6-29-90; ss and moved by #5235, eff 9-27-91 (See Lab 515.06) New. #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 N…

Notes N.H. Admin. Code § Lab 515.02 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.03 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.04 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.05 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.06 #5235, eff 9-27-91 (From Lab 515.01) , EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14…

Notes N.H. Admin. Code § Lab 515.07 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.08 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.09 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.10 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.11 #5235, eff 9-27-91; ss by #5893, eff 9-2-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed Ap…

Notes N.H. Admin. Code § Lab 515.12 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.13 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.14 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.15 #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed April 7, 20…

Notes N.H. Admin. Code § Lab 515.16 #5235, eff 9-27-91; amd by #5909, eff 10-13-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #9019, eff 11-1-07 Reserved by, Volume XXXVI Number 14, Filed…

Notes N.H. Admin. Code § Lab 515.17 #7585, eff 10-30-01 Reserved by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.

Notes N.H. Admin. Code § Lab 515.18 #7585, eff 10-30-01 Reserved by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.

The purpose of these rules is to assure that vocational rehabilitation services as mandated under RSA 281-A:25 are provided by qualified individuals. The rules specify the process by which those individuals are to be certified. Notes N.H. Admin. Code § Lab 516.01 #5041, eff 1-9-9…

These rules shall apply to all vocational rehabilitation providers who are servicing injured employees who are receiving benefits under the New Hampshire workers' compensation law. Notes N.H. Admin. Code § Lab 516.02 #5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff…

(a) "Board" means the Vocational Rehabilitation Provider Advisory Board as established by RSA 281-A:69. (b) "Certified disability management specialist (CDMS)" means one who provides preventative and remedial services to minimize the impact and cost of disability and to enhance p…

(a) The certified vocational rehabilitation provider (CVRP) shall meet the definition required for one of the categories below: (1) Current certified rehabilitation counselor (CRC); (2) Current certified disability management specialist (CDMS); or (3) Current certified vocational…

(a) An applicant to become a vocational rehabilitation provider shall request initial certification by submission of required information and certificate fee to the commissioner at any time during the calendar year. (b) The applicant shall provide the following in the order below…

(a) The CVRP shall apply biennially for certificate renewal by submission of: (1) A completed application; (2) Documentation of the completion of the required continuing education credits; and (3) Documentation of attendance at mandatory department of labor training. (b) Certific…

(a) At least 32 continuing education credits shall be accrued biennially by all certified providers and interns. (b) Annual attendance at one department of labor training shall be mandatory. (c) The provider or intern may petition the commissioner in writing for exemptions from L…

(a) The vocational rehabilitation provider advisory board shall make recommendations to the commissioner regarding applicants for certification. (b) Applications and renewals for certification shall be reviewed for compliance with requirements and a determination of eligibility s…

(a) An initial certificate fee of $75.00 shall be submitted upon receipt of notification of application approval. (b) A certificate renewal fee of $25.00 shall be submitted upon receipt of notification of application renewal approval. Notes N.H. Admin. Code § Lab 516.09 #5041, ef…

(a) Each certified vocational rehabilitation provider shall comply with the code of professional ethics adopted by each of the following organizations of which the provider is a member: (1) Commission on Rehabilitation Counselor Certification; (2) Certification of Disability Mana…

(a) Persons wishing to complain of CVRP or CVRPI misconduct shall submit to the board a written complaint including the information described in (b) below, using mail or any electronic means for which the board is able to maintain security. (b) The complaint shall include: (1) Th…

(a) Hearings shall be conducted by a presiding officer designated by the board. (b) The presiding officer shall as necessary: (1) Regulate and control the course of the hearing; (2) Facilitate settlement of the dispute that is the subject of the hearing; (3) Administer oaths and …

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause. (b) Good cause shall exist if the presiding officer: (1) Has a direct interest in the outcome of the matter, inc…

The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver: (a) Appears to be lawful; and (b) Is more likely to promote the just, ac…

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include…

(a) All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document. (b) All written documents governed by this chapter shall be rebuttably presumed to have been filed with the board on the date of receipt, as evid…

(a) All correspondence, pleadings, motions or other documents filed shall: (1) Include the title and docket number of the case, if known; (2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size; (3) Be signed by the proponent of the document, or, if the …

(a) Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the presiding officer and to all other parties and intervenors. (b) All notices, orders, decisions or other documents issued by th…

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion. (b) Oral motions and any oral objections to s…

(a) An adjudicative proceeding shall be commenced by an order of the board giving the parties the notice specified in (b) below. (b) The notice of hearing shall contain: (1) The names and addresses of the parties; (2) A statement of the nature of the hearing; (3) The time and pla…