CHAPTER 278

SB 53 - FINAL VERSION

5/1/01...0935s

7june01...1373h

06/26/01...1821-CofC

2001 SESSION

01-0921

01/09

SENATE BILL 53

AN ACT relative to attorneys' fees in certain circumstances under the workers' compensation law.

SPONSORS: Sen. Hollingworth, Dist 23; Sen. Larsen, Dist 15; Sen. Wheeler, Dist 21; Rep. Brindle, Rock 22; Rep. Taylor, Straf 11

COMMITTEE: Insurance

ANALYSIS

This bill allows an employee to be reimbursed reasonable attorneys' fees in certain circumstances under the workers' compensation law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5/1/01...0935s

7june01...1373h

06/26/01...1821-CofC

01-0921

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to attorneys' fees in certain circumstances under the workers' compensation law.

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

278:1 Attorneys' Fees Authorized. Amend RSA 281-A:44, II to read as follows:

II. No attorney representing a claimant shall contract for, charge for, or collect a fee for legal service rendered to the claimant at the department level unless the fee has been approved by the commissioner. In determining the amount of the allowable fee, the commissioner shall consider, among other things, the nature, length and complexity of the service performed, the usual and customary charge for work of the like kind and the benefit accruing to the claimant as a result of the legal service performed; provided, however, that when an insurance carrier, self insurer, or payor acting on behalf of such carrier or self insurer disputes the causal relationship of a medical bill to the claimant's injury, or whether a medical bill was required by the nature of the injury, and denies payment of such bill, is after a hearing, ordered to pay or reimburse the bill by the commissioner, the employee shall be entitled to reimbursement of reasonable counsel fees and costs as approved by the commissioner.

278:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: July 16, 2001)

(Effective Date: September 14, 2001)