sb 0053

CHAPTER 115

SB 53 - FINAL VERSION

AN ACT establishing an advisory board to the labor commissioner and relative to the terms of the members of the compensation appeals board.

SPONSORS: Sen. Flanders, Dist 7; Sen. Roberge, Dist 9; Sen. Clegg, Dist 14; Rep. Fraser, Merr 37; Rep. Mercer, Hills 59; Rep. Holden, Hills 48; Rep. Weyler, Rock 79; Rep. Mock, Carr 4

This bill establishes an advisory board to the labor commissioner which shall evaluate candidates for the compensation appeals board. The bill also changes the term of the members of the compensation appeals board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing an advisory board to the labor commissioner and relative to the terms of the members of the compensation appeals board.

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

115:1 New Section; Advisory Board Established. Amend RSA 281-A by inserting after section 42-a the following new section:

I. There is hereby established a compensation appeals advisory board to advise the commissioner relative to candidates for the compensation appeals board, established in RSA 281-A:42-a. The board shall be composed of 5 members:

(a) One member representing labor, appointed by the commissioner from a list of nominees provided by the New Hampshire organized labor groups.

(b) One member representing business, appointed by the Business and Industry Association of New Hampshire and the New Hampshire Association of Chamber of Commerce Executives.

(d) An attorney representing defendants, appointed by the New Hampshire Bar Association.

(e) One member representing insurance, appointed by the New Hampshire Adjusters Association.

II. The term of office for each member of the board shall be for 3 years; provided, however, that of the members initially appointed, one shall be appointed for a term of one year, 2 shall be appointed for 2 years, and 2 shall be appointed for 3 years. Three members shall constitute a quorum for conducting business. No member shall serve for more than 2 consecutive terms. Members of the board may be removed from office for cause pursuant to RSA 4:1. The board shall meet as required to carry out its responsibilities. There shall be no monetary compensation provided to members who serve on the board.

III. The commissioner of labor shall be the non-voting chair of the advisory board.

(a) Evaluate candidates for the compensation appeals board based upon the nominee's education, knowledge, and experience in the area of workers' compensation law.

(d) Distribute an anonymous questionnaire to participants who are involved in the appeals process.

V. The board shall develop procedures which the commissioner shall adopt by rule, under RSA 541-A, relative to the duties established under paragraph IV.

115:2 Workers' Compensation; Appeals Board; Term of Members Changed. Amend RSA 281-A:42-a, I to read as follows:

I. There is established a compensation appeals board. The board shall consist of a pool of 33 members, of which 11 members shall represent labor, 11 members shall represent employers or workers' compensation insurers and 11 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 [4] 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. As a condition to maintaining eligibility to hear appeals, board members shall have at least 20 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. 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.

115:3 New Section; Complaints Regarding Compensation Appeals Board Members. Amend RSA 281-A by inserting after section 42-d the following new section:

281-A:42-e Complaints Regarding Compensation Appeals Board Members. Any participant involved in the appeals process who has a complaint concerning the conduct of any member of the compensation appeals board shall write to the commissioner of labor stating such complaint. The commissioner shall investigate the complaint and, if the commissioner determines the complaint is valid, take such corrective action as is warranted. The commissioner shall make a list of the complaints filed against a member of the appeals board available to the advisory board, established in RSA 281-A:42-aa, when that appeals board member is being considered for nomination for a new term.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, June 9, 2003)