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RSA 281-A:42 · Failure to Make Payment of Compensation

Title
XXIII: LABOR
Chapter
281-A · WORKERS' COMPENSATION
Status
current
Official source linked
Yes
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281-A:42 Failure to Make Payment of Compensation. –

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I.

The commissioner may assess a civil penalty of up to $2,500 on any insurance carrier or self-insurer who fails, without sufficient cause as determined by the commissioner, within 21 days after notice of a claim has been received by the insurance carrier or self-insurer or 21 days from the date that benefits are due:

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(a)

To make payment of compensation pursuant to RSA 281-A:28 and 281-A:31, and file a memorandum of such action with the commissioner; or

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(b)

To deny such compensation; to file a memorandum of such action with the commissioner; and to make a copy of the memorandum available to the claimant. The memorandum shall give a valid reason for the denial and shall advise the claimant of the right to petition the commissioner for a hearing.

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(c)

The memorandum described in subparagraphs (a) and (b) shall be on a form prescribed by the commissioner.

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II.

The insurance carrier or self-insurer shall be relieved of the obligation to meet the 21-day time limit of paragraph I:

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(a)

If the commissioner has granted an extension of time upon showing cause; or

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(b)

If and to the extent that an employer, except a self-insurer, has failed to comply with the requirements of RSA 281-A:53.

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III.

Upon failure of any insurance carrier or self-insurer to comply with either an order for payment of compensation or an assessment of a civil penalty, the commissioner shall recover either or both in a civil action in the superior court of the county of jurisdiction. Anyone owing a civil penalty under this section shall pay it to the commissioner, who shall deposit it into the department of labor restricted fund established in RSA 273:1-b.

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IV.

The commissioner shall submit to the insurance commissioner the record of an insurance carrier who consistently fails to comply with the provisions of this section. If the insurance commissioner should, upon investigation, find the carrier to be in substantial noncompliance, the commissioner shall order compliance. If the insurance carrier shall fail to comply, the insurance commissioner shall suspend or revoke such carrier's authorization to carry out the business of workers' compensation in this state. Likewise, the commissioner shall, as the commissioner deems necessary, suspend or revoke the self-insurer's permit of an employer or group self-insurer who consistently fails to comply with the provisions of this section and any rules adopted to enforce this section.

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V.

Any insurance carrier or self-insurer who fails to file a timely memorandum in accordance with this section and who makes late payment to the employee, shall pay interest to such employee at the same rate as for judgments under RSA 336:1, II from the date the payment was due until it is paid.

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VI.

In addition to paragraph V, any insurance carrier, self-insurer, or claims adjusting company who fails to file either the memorandum of payment of disability compensation or the memorandum of denial of compensation benefits in a timely manner shall be assessed a civil penalty of up to $2,500. Source. 1988, 194:2. 1990, 254:24-27. 2003, 99:1, eff. Aug. 5, 2003. 2011, 224:61, eff. July 1, 2011.

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Source note

Source. 1988, 194:2. 1990, 254:24-27. 2003, 99:1, eff. Aug. 5, 2003. 2011, 224:61, eff. July 1, 2011.

Source history

  • 1988, 194:2
  • 1990, 254:24-27
  • 2003, 99:1, eff. Aug. 5, 2003
  • 2011, 224:61, eff. July 1, 2011

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 SB569 amend

    tions for hearings officers within the department of labor. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Hearing Officers. Amend RSA 281-A:42-b to read as follows: 281-A:42-b Hearing Officers. The commissioner shall appoint as many individuals as necessary to carry out the department's responsibilities under this chapter. Such individuals [shall have expe

  • 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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