HB1335: (New Title) establishing a commission to examine the workers' compensation system in New Hampshire.

HB 1335-LOCAL – AS AMENDED BY THE SENATE

11Mar2004… 0170h

05/06/04 1499s

2003 SESSION

03-2310

05/10

HOUSE BILL 1335-LOCAL

AN ACT establishing a committee to examine the workers’ compensation system in New Hampshire and relative to third person liability under workers’ compensation laws.

SPONSORS: Rep. Gilman, Graf 9

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill establishes a committee to study the workers’ compensation system. The bill also clarifies when the employer’s or employer’s insurance carrier’s share of expenses and costs become payable to the employee when the employee is awarded a recovery against a third party.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2004… 0170h

05/06/04 1499s

03-2310

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a committee to examine the workers’ compensation system in New Hampshire and relative to third person liability under workers’ compensation laws.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Committee Established. There is established a committee to study the workers’ compensation system in New Hampshire.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house, appointed by the speaker of the house of representatives.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall serve without compensation but shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall examine worker’s compensation laws and procedures in the state of New Hampshire. The committee may solicit such additional information as may assist the committee in its study.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2005.

6 Workers’ Compensation; Liability of Third Person. Amend RSA 281-A:13, I(b) to read as follows:

(b) The employer, or the employer’s insurance carrier, shall have a lien on the amount of damages or benefits recovered by the employee, less the expenses and costs of action, to the extent of the compensation, medical, hospital, vocational rehabilitation, or other remedial care already paid or agreed or awarded to be paid by the employer, or the employer’s insurance carrier, under this chapter, less the employer’s or the employer’s insurance carrier’s pro rata share of expenses and costs of action as determined in paragraph IV.

7 Workers’ Compensation; Recovery Against Third Person. Amend RSA 281-A:13, IV to read as follows:

IV. Whenever there is a recovery against a third person under paragraph I, II, or III, the commissioner, the arbitrator, or the superior court, as the case may be, shall order [such] a pro rata division of expenses and costs of action, including attorneys’ fees, between the employer or the employer’s insurance carrier and the employee [as justice may require] in proportion to the amount each recovers from the third person. Whenever such recovery exceeds the amount of the employer’s or employer’s insurance carrier’s lien at the time of such recovery, the employer or the employer’s insurance carrier shall be entitled to claim credit to the extent of such excess against benefits under this chapter which may become payable to the employee in the future on account of the same injury. The employer’s or employer’s insurance carrier’s share of expenses, costs, and attorneys’ fees shall become payable when the credit is actually taken against future benefits.

8 Applicability. Section 7 of this act applies to any recovery against a third person after the effective date of this act.

9 Effective Date. This act shall take effect upon its passage.