SB 391-FN - AS AMENDED BY THE SENATE
2/20/02 2820s
2002 SESSION
01/09
SENATE BILL 391-FN
AN ACT relative to appeals from the compensation appeals board.
SPONSORS: Sen. Fernald, Dist 11; Sen. Below, Dist 5; Sen. Cohen, Dist 24
This bill allows any party in interest aggrieved by a decision of the worker's compensation appeals board to appeal to the superior court. Current law allows appeals from the board to go directly to the supreme court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2/20/02 2820s
02-3064
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Two
AN ACT relative to appeals from the compensation appeals board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Appeals From Compensation Appeals Board. Amend RSA 281-A:43, I(c) to read as follows:
(c) Any party in interest aggrieved by any order or decision of the board may appeal to the [supreme] superior court pursuant to RSA 541. For the purpose of such appeals, all references in RSA 541 to the supreme court shall be deemed to be to the superior court. Appeals to the superior court shall be filed in the county or judicial district thereof where the employee or employer resides. If neither party resides in the state, the appeal may be filed in any county or judicial district. Any appeal from the superior court to the supreme court shall be by noticed of appeal in accordance with the rules of the supreme court.
2 Award of Fees and Interest. Amend RSA 281-A:44, I to read as follows:
I. In any dispute over the amount of the benefit payable under this chapter which is appealed to the board, the superior court, or the supreme court [or both], the employee, if such employee prevails, shall be entitled to reasonable counsel fees and costs as approved by the board or the applicable court and interest at the rate of 10 percent per year on that portion of any award the payment of which is contested. The interest shall be computed from the date of injury.
3 Effective Date. This act shall take effect January 1, 2003.
LBAO
02-3064
9/17/01
SB 391-FN - FISCAL NOTE
AN ACT relative to appeals from the compensation appeals board.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2002 through 2006.