SB 377-FN - AS AMENDED BY THE SENATE

02/24/2022   0670s

2022 SESSION

22-3032

08/04

SENATE BILL 377-FN

AN ACT relative to the eligibility of certain injuries of state troopers for workers' compensation.

SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Cavanaugh, Dist 16; Sen. Prentiss, Dist 5; Rep. MacKay, Merr. 14

COMMITTEE: Judiciary

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AMENDED ANALYSIS

This bill creates a prima facie presumption that an injury that occurs while a state trooper is operating a state police vehicle in the performance of the trooper's official duties is occupationally caused.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/24/2022   0670s 22-3032

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the eligibility of certain injuries of state troopers for workers' compensation.

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

1  New Section; State Troopers; Eligibility for Workers Compensation.  Amend RSA 281-A by inserting after section 17-d the following new section:

281-A:17-e  State Troopers; Eligibility for Workers Compensation.  Notwithstanding RSA 281-A:2, there shall be a prima facie presumption that any injury sustained by a trooper operating a state police vehicle while wearing the uniform of the day is occupationally caused.  

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

LBA

22-3032

Amended 3/28/22

SB 377-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2022-0670s)

AN ACT relative to the eligibility of certain injuries of state troopers for workers' compensation.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill provides a presumption in the workers’ compensation law that any injury suffered by a state trooper while they are operating a state police vehicle (and wearing the uniform of the day) is occupationally related. The Department of Labor states this presumption would involve a shifting of the burden in the context of a contested compensation claim and application of this language would provide that the burden is on the carrier (employer) to rebut the presumption that an injury in said contexts is not occupationally related. Ultimately, any impact to state expenditures relative to a potential increase in workers compensation costs is indeterminable.

AGENCIES CONTACTED:

Department of Labor