04/03/03 0994s7

15may03... 1433h

06/24/03.....2046cofc

2003 SESSION

03-1143

01/09

SENATE BILL 174

COMMITTEE: Insurance

AMENDED ANALYSIS

This bill clarifies the wage to be used when calculating permanent impairment awards under workers' compensation.

This bill also clarifies certain remedial care issues.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/03/03 0994s

15may03... 1433h

06/24/03.....2046cofc

03-1143

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

269:1 Workers' Compensation; Permanent Impairment Awards; Exception Added. Amend the introductory paragraph of RSA 281-A:15, I to read as follows:

I. Except as provided in paragraphs II and III of this section and of RSA 281-A:32 and subject to RSA 281-A:28, 281-A:28-a and RSA 281-A:31-a, an average weekly wage shall be computed by using the method in subparagraph (a) or (b), or (c) that yields the result more favorable to the injured employee:

269:2 Workers' Compensation; Permanent Impairment Awards; Payment Due. Amend RSA 281-A:32, XI to read as follows:

XI. PAYMENT DUE. Payment of the scheduled award becomes due upon prompt medical disclosure, after maximum medical improvement has been achieved, regarding the loss or loss of the use of the member of the body. For the purposes of determining disability rates, the average weekly wage used shall be the average weekly wage of the employee at the time of the injury. No later than 15 days following such disclosure the employer, or the employer's insurance carrier shall notify the commissioner as to whether it objects to the extent of the loss claimed by the employee, in which case it shall have 30 days to arrange for a medical examination, pursuant to RSA 281-A:38, and request a hearing and determination by the commissioner. Payment of the scheduled award shall be made in a single payment.

269:3 Medical, Hospital, and Remedial Care. Amend RSA 281-A:23, II to read as follows:

II. The employer, or the employer's insurance carrier, shall pay the cost of artificial limbs, eyes, teeth, orthopedic appliances, and physical and surgical aids made necessary by such injury; shall pay the cost of replacement or repair when such is made necessary by wear and tear or by physical change in the person; and shall pay compensation for disability resulting from the replacement or repair, based on the employee's average wages at the time of the original injury. Notwithstanding RSA 281-A:48, I, a party may petition the commissioner for payment of such compensation at any time, if the disability results solely from the replacement or repair. If an employee by accident arising out of and in the [cause] course of the employment has suffered the loss of glasses, false teeth, an artificial member, or hearing aid, the employer or the employer's insurance carrier shall pay the employee an amount equal to the value of the property so lost.

269:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: July 15, 2003)

(Effective Date: September 13, 2003)