Title XXIII, Labor

I. There is established a compensation appeals board. The board shall consist of a pool of 27 members, of which 9 members shall represent labor, 9 members shall represent employers or workers' compensation insurers and 9 members shall be attorneys who shall be neutral. Members of…

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 …

The commissioner shall appoint as many individuals as necessary to carry out the department's responsibilities under this chapter. Such individuals shall hear workers' compensation cases before the commissioner. The commissioner shall set forth the job qualification necessary to …

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 sh…

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 c…

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 de…

I. (a) In a controversy as to the responsibility of an employer or the employer's insurance carrier for the payment of compensation and other benefits under this chapter, any party at interest may petition the commissioner in writing for a hearing and award. The petition shall be…

I. (a) In any dispute over the amount of the benefit payable under this chapter which is appealed to the board or supreme court or both, the employee, if such employee prevails, shall be entitled to reasonable counsel fees and costs as approved by the board or court and interest …

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 residen…

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 be…

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…

I. Any party at interest with regard to an injury occurring after July 1, 1965, may petition the commissioner to review a denial or an award of compensation made pursuant to RSA 281-A:40 by filing a petition with the commissioner not later than the fourth anniversary of the date …

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 adminis…

An employer, or group or association of homogeneous employers, subject to this chapter shall secure compensation to employees in one of the following ways: I. By insuring and keeping insured the payment of such compensation with a company licensed to write workers' compensation i…

Any private employer as defined in RSA 281-A:2, VIII, or any group or association of homogeneous employers may, subject to RSA 281-A:5, III, and any rules adopted to enforce such section, self-insure for workers' compensation coverage provided that such employer or group or assoc…

I. Every private employer as defined in RSA 281-A:2, VIII, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a, shall annually, within 6 months of the end of the fiscal year or within such extension of …

I. Any private employer, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a, is not an insurance company, reciprocal insurer or other insurer under the laws of this state, and administration of any act…

I. For purposes of this section, "third party administrator" means any person contracting with an employer or group of employers authorized to self-insure in accordance with RSA 281-A:5-a and 281-A:11, to provide a combination of such services as solicitation of coverage, underwr…

Notwithstanding any provision of law to the contrary, the provisions of this chapter shall apply to nonresident employees and employers doing business in New Hampshire.

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-…

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.

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 cha…

I. Every employer or self-insurer shall record in sufficient detail and shall report or cause to be reported to the commissioner any injury sustained by an employee in the course of employment as soon as possible, but no later than 5 days after the employer learns of the occurren…

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 receiv…

I. If an employee who has a permanent physical or mental impairment, as defined in RSA 281-A:2, XIV, from any cause or origin incurs a subsequent disability by injury arising out of and in the course of such employee's employment on or after July 1, 1975, which results in compens…

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…

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 …

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 prose…

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.

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…

The commissioner shall administer and enforce all provisions of this chapter except as otherwise provided in this chapter.

I. An administration fund is hereby established in the state treasury for the sole purpose of paying all costs of administering this chapter. The commissioner shall administer the fund. The state treasurer shall be the custodian of the fund, and all moneys and securities in the f…

Notwithstanding any other provision of this chapter, of title XXXVII, or of any other law to the contrary, all insurance companies authorized to provide comprehensive personal liability, tenant's or homeowner's insurance in this state shall, in connection with such insurance, pro…

I. The commissioner shall have the power to adopt rules under RSA 541-A relative to the following: (a) Content and format of all forms necessary under this chapter. (b) Method of filing memoranda of payments under RSA 281-A:40 and method of filing forms required under RSA 281-A:5…

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 num…

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 hous…

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. …

I. Every employer shall provide employees with safe employment. Safe employment includes but is not limited to furnishing personal protective equipment, safety appliances and safeguards; ensuring that such equipment, appliances, and safeguards are used regularly; and adopting wor…

I. To qualify for the incentive discount under this section, an eligible employer shall obtain and carry out a loss management program which shall be developed by a loss management consultant certified by the panel established in paragraph IV. A qualifying loss management program…

There is created within the department of labor the classified full-time position of manager of safety, training, and injury prevention who shall be under the direction of the labor commissioner. The position shall be at labor grade 25. The manager shall be responsible for mandat…

I. The commissioner shall develop a multi-media education program on safety in the workplace, which shall be used to educate persons providing or receiving workers' compensation benefits regarding their rights, duties and responsibilities under this chapter. II. The commissioner …

I. There is hereby established a safety enhancement program to be administered by the commissioner. Such program shall include regional training and safety seminars open to all interested employees and employers. II. The commissioner may engage independent consultants and may mak…

After January 1, 1995, persons providing vocational rehabilitation services under RSA 281-A:25 as a vocational rehabilitation provider under this chapter shall be certified in accordance with this subdivision; except that state employees providing vocational rehabilitation servic…

I. There is hereby established a vocational rehabilitation provider advisory board to advise the commissioner relative to certification procedures for vocational rehabilitation providers. The board shall be composed of 7 members: 5 members shall be vocational rehabilitation provi…

I. (a)(1) An employer subject to this chapter who fails to comply with the provisions of RSA 281-A:5 by not securing payment of compensation may be assessed a civil penalty of up to $2,500; in addition, such an employer may be assessed a civil penalty of up to $100 per employee f…

Any fees collected under this subdivision shall be forwarded to the state treasurer for deposit into the department of labor restricted fund established in RSA 273:1-b.