CHAPTER
Lab 1600 WORKERS’ COMPENSATION APPEALS ADVISORY BOARD
Statutory Authority: RSA
281-A:42-aa
PART
Lab 1601 PURPOSE
Lab 1601.01 Statement of Purpose. This
chapter sets forth the procedures and forms for carrying out the provisions of
RSA 281-A:42-aa pertaining to the workers’
compensation appeals advisory board.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
PART Lab
1602 DEFINITIONS
Lab
1602.01 “Advisory board” means the compensation appeals advisory
board as established by RSA 281-A:42-aa.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1602.02 “Candidate” means a prospective member or a current member
whose term is expiring.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1602.03 “Commissioner” means the New Hampshire department of labor
commissioner.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15 (from 1602.02); ss by
#14489, eff 1-22-26; EXPIRES: 1-22-36
Lab 1602.04 “Department” means the New
Hampshire department of labor.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15 (from 1602.03); ss by
#14489, eff 1-22-26; EXPIRES: 1-22-36
Lab 1602.05 “Compensation appeals board”
means the workers’ compensation appeals board as established by RSA 281-A:42-a.
Source.
#10959, eff 10-23-15 (from 1602.04); ss by #14489, eff 1-22-26; EXPIRES:
1-22-36
PART Lab
1603 DESCRIPTION OF THE ADVISORY BOARD
Lab
1603.01 Membership. The advisory board shall
consist of 5 voting members appointed in the manner prescribed in RSA 281-A:42-aa, I, and the commissioner who shall serve as the
non-voting chair.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1603.02 Term.
(a) Voting
members of the advisory board shall be appointed for a term of 3 years.
(b) No
voting member shall serve for more than 2 consecutive terms.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
PART Lab
1604 DUTIES OF THE ADVISORY BOARD
Lab
1604.01 Duties. The advisory board shall meet as needed
to perform the following functions:
(a) To
evaluate candidate(s) for nomination to a term as a member of the compensation
appeals board;
(b) To
submit to the commissioner names of persons deemed
qualified for nomination as members of the compensation appeals board; and
(c) To
receive and review complaints concerning current members of the compensation
appeals board forwarded to the advisory board by the commissioner in accordance
with RSA 281-A:42-e.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1604.02 Meetings.
(a) The
advisory board shall meet at the offices of the department at the call of the
commissioner
(b) The
commissioner shall set a date for a meeting and notify the advisory board at
least 60 days prior to the date that the term of a member of the compensation
appeals board is to expire.
(c) Prior
to the meeting of the advisory board to evaluate candidates, the commissioner
shall:
1. Send the
anonymous questionnaire, as cited in RSA 281-A:42- aa, IV (d) and Lab 1604.06,
to participants in the appeal process; and
2. Upon receipt
of completed questionnaires, the commissioner shall forward the questionnaires
to the advisory board.
(d) The advisory board shall meet no later than
45 days prior to the date that the term of a member of the compensation appeals
board is due to expire to evaluate candidates for the position and make their
recommendation to the commissioner.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1604.03 Quorum. Three voting members shall
constitute a quorum for conducting business.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1604.04 Evaluation of Candidates.
(a) In
determining whether a candidate for nomination to a
term on the compensation appeals board should be recommended to the
commissioner, the advisory board shall interview new candidates and review
the materials submitted to it, including the resume and personal
references of the candidate to determine:
1. That the
candidate has the necessary education, 5 years’ experience and knowledge in the area of current workers’ compensation law based
upon their:
a. Knowledge of
current workers’ compensation law;
b. Education in
workers’ compensation law; and
c. Practical
experience in workers’ compensation law.
2. That the
candidate has demonstrated the ability to serve in an unbiased and impartial
manner.
(b) In
determining whether a candidate for re-nomination to a term on the compensation
appeals board should be recommended to the commissioner, the advisory board, in
addition to the considerations contained in paragraph (a), shall also consider
any complaints or concerns against the candidate that have been filed with the
commissioner pursuant to RSA 281-A: 42-e and Lab 1604.02 (c), and responses to
questionnaires returned pursuant to Lab 1604.06(c).
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1604.05 Voting.
(a) Upon
due consideration and deliberation, the advisory board shall vote based on
the criteria noted in Lab 1604.04 whether to recommend a candidate for
nomination to the compensation appeals board.
(b) The
vote may be taken by voice vote or, at the request of the
majority of the voting advisory board members in attendance, by secret
ballot.
(c) The
vote of a majority of the voting members of the advisory board shall constitute
the vote of the advisory board.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
Lab
1604.06 Anonymous Questionnaire.
(a) In
the discharge of its duties, the advisory board shall periodically review
the content of the questionnaire, distributed in accordance with RSA
281-A:42—aa to participants involved in the appeal process.
(b) The
advisory board shall determine the content of the questionnaire. Questionnaire content shall include issues of
conduct of the compensation appeals board members and fairness of the
proceedings without regard to whether the position advocated by the party was
supported or rejected by the compensation appeals board panel. The Advisory Board may use “Workers’
Compensation Appeals Board Questionnaire, Form WCAAB 1 (1-2026).
(c) Completion
of a questionnaire by a recipient shall be voluntary and anonymous. If a recipient chooses to complete the
questionnaire, the recipient shall complete and return it by the date indicated
on the questionnaire.
(d) The
results of the questionnaire, in addition to the requirements set forth in Lab
1604.04(b) and Lab 1604.02 (c), shall be one factor used by the advisory board
in the evaluation of candidates who are members of the compensation appeals
board.
(e) The advisory
board can request administrative assistance from the department in the
distribution and compilation of the questionnaire.
Source.
#8527, eff 12-22-05, EXPIRED: 12-22-13
New. #10959, eff 10-23-15; ss by #14489, eff
1-22-26; EXPIRES: 1-22-36
APPENDIX
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Rule |
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Lab 1600 |
RSA
281-A:42-a; RSA 281-A:42-aa |
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