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RSA 281-A:37 · Lump Sum Payments

281-A:37 Lump Sum Payments. –

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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.

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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.

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III.

No lump sum agreement shall be approved under this section except after a hearing before the commissioner or the commissioner's designated representative.

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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.

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Source note

Source. 1988, 194:2. 1993, 357:1. 1994, 3:11, eff. Feb. 8, 1994.

Source history

  • 1988, 194:2
  • 1993, 357:1
  • 1994, 3:11, eff. Feb. 8, 1994

Related materials

Bill relationships

  • 2026 HB1705 amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1705-FN amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB216 reference

    Retirement. Amend RSA 100-A:4, III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a

  • 2026 HB216-FN reference

    III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a member sha

  • 2026 SB661 reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2026 SB661-FN reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2025 HB2 amend

    604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: 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

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