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RSA 281-A:42-a · Appeals Board; Composition; Compensation

Title
XXIII: LABOR
Chapter
281-A · WORKERS' COMPENSATION
Status
current
Official source linked
Yes
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281-A:42-a Appeals Board; Composition; Compensation. –

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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 the board shall be appointed by the governor and council from a list of nominees submitted by the commissioner. The commissioner shall submit at least 2 nominees for each vacancy to be filled. 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 appeals board shall be replaced by the governor and council. Terms of board members shall be 3 years, except the initial appointments shall be staggered so that no more than 1/3 of the members' terms shall expire in the same year. Members of the board shall have at least 5 years' experience in the area of workers' compensation or human resources or administrative law. As a condition to maintaining eligibility to hear appeals, board members shall have at least 10 hours annually of training and briefing in the area of workers' compensation and relevant disciplines. The commissioner, or designee, with the assistance of the attorney general's staff shall supervise and approve the training. The commissioner shall have the authority to suspend the eligibility of any member of the board who is not in compliance with such annual training requirements, and to reinstate such member's eligibility upon compliance. The commissioner may suspend from active participation any board member who fails to render a decision or order within 30 days of the hearing as required by RSA 281-A:43, I(b). The commissioner may rescind the suspension once the board member is in compliance with RSA 281-A:43, I(b). Appeals from a decision of the commissioner or the commissioner's representative shall be heard de novo by a 3-member panel, composed of an attorney who shall serve as chair, one member representing labor and one member representing employers or workers' compensation insurers. At least 2 like votes shall be necessary for a decision by the panel. The board shall hear appeals, in accordance with RSA 281-A:43, I(b), from the decisions of the commissioner made pursuant to RSA 281-A:43. No person who is an interested party or an employee of an interested party shall participate as a member of the panel. The board shall conduct its proceedings in such a manner as to ensure a fair and impartial hearing.

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II.

The board shall be an administratively attached agency under RSA 21-G:10, to the department of labor, but shall operate independently from the department.

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III.

Attorney members of the board shall receive $400 per diem and all other members of the board shall each receive $250 per diem for each day devoted to the work of the board and shall be reimbursed for necessary travel expenses. Said per diems shall be prorated to an hourly basis using 7.5 hours per day for other related work performed by board members.

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IV.

The commissioner shall appoint an administrator from existing full-time staff for the board who shall serve at the pleasure of the commissioner. The administrator shall perform all the administrative duties of the board, including but not limited to scheduling the docket, providing the liaison between the public and the board members, conducting the meetings of the board, and assigning committees to address regulatory, legislative and policy issues. Source. 1990, 254:28. 1991, 376:4. 1992, 289:42. 1993, 271:1. 1996, 231:5. 1999, 210:2. 2001, 141:1. 2003. 115:2. 2005, 85:4. 2007, 69:1, eff. Aug. 10, 2007. 2016, 18:1, 2, eff. Apr. 15, 2016; 140:1, eff. Jan. 1, 2017. 2021, 10:1, eff. June 22, 2021. 2023, 79:95, eff. July 1, 2023. 2025, 141:92, eff. July 1, 2025.

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Source note

Source. 1990, 254:28. 1991, 376:4. 1992, 289:42. 1993, 271:1. 1996, 231:5. 1999, 210:2. 2001, 141:1. 2003. 115:2. 2005, 85:4. 2007, 69:1, eff. Aug. 10, 2007. 2016, 18:1, 2, eff. Apr. 15, 2016; 140:1, eff. Jan. 1, 2017. 2021, 10:1, eff. June 22, 2021. 2023, 79:95, eff. July 1, 2023. 2025, 141:92, eff. July 1, 2025.

Source history

  • 1990, 254:28
  • 1991, 376:4
  • 1992, 289:42
  • 1993, 271:1
  • 1996, 231:5
  • 1999, 210:2
  • 2001, 141:1. 2003. 115:2
  • 2005, 85:4
  • 2007, 69:1, eff. Aug. 10, 2007
  • 2016, 18:1, 2, eff. Apr. 15, 2016; 140:1, eff. Jan. 1, 2017
  • 2021, 10:1, eff. June 22, 2021
  • 2023, 79:95, eff. July 1, 2023
  • 2025, 141:92, eff. July 1, 2025

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

    . The commissioner shall deposit into the department of labor restricted fund established in RSA 273:1-b any penalty collected under this section. 141:92 Workers Compensation; Appeals Board; Composition. Amend RSA 281-A:42-a, I to read as follows: I. There is established a compensation appeals board. [Until January 1, 2024,] The board shall consist of a pool of [33] 27 members, of which [11] 9 members shall represent labor, [11] 9

  • 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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