HB 521 - AS AMENDED BY THE HOUSE
11Mar2015… 0698h
2015 SESSION
15-0776
01/06
HOUSE BILL 521
AN ACT relative to the size of the pool of the workers’ compensation appeals board.
COMMITTEE: Labor, Industrial and Rehabilitative Services
AMENDED ANALYSIS
This bill adjusts the size of the workers’ compensation appeals board and increases per diem compensation for members of the board.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0698h
15-0776
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to the size of the pool of the workers’ compensation appeals board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Compensation Appeals Board. 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 not less than 21 and not more than 33 members, of which [11], to the extent possible, 1/3 of the members shall represent labor, [11] 1/3 of the members shall represent employers or workers’ compensation insurers and [11] 1/3 of the 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 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 10 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. The commissioner may suspend from active participation any board member who fails to render a decision or order within 30 days of the hearing as required by RSA 281-A:43, I(b). The commissioner may rescind the suspension once the board member is in compliance with RSA 281-A:43, I(b). 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.
2 Compensation Appeals Board; Compensation. Amend RSA 281-A:42-a, III to read as follows:
III. Attorney members of the board shall receive [$200] $350 per diem and all other members of the board shall each receive [$150] $250 per diem for each day devoted to the work of the board and shall be reimbursed for necessary travel expenses.
3 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0776
Amended 03/16/15
HB 521 FISCAL NOTE
AN ACT relative to the size of the pool of the workers’ compensation appeals board.
FISCAL IMPACT:
The Department of Labor states this bill, as amended by the House (Amendment #2015-0698h), will increase state, county and local expenditures, and increase state restricted revenue by an indeterminable amount in FY 2016 and each year thereafter. There is no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Labor states this bill adjusts the size of the workers’ compensation appeals board to be not less than 21 members but not more than 33 members, and raises the per diem amount from $200 to $350 for attorney members, and $150 to $250 for all other members of the board. The Department states each appeal pre-hearing and hearing consists of three members (one attorney and two other members). There are approximately 246 hearings and 12 pre-hearings conducted each year. Additionally, the Department states there would be an increase in costs related to attendance at the training meetings, monthly meetings and the completion of writing decisions, mainly completed by attorneys. The Department estimates this bill may increase operating costs associated with per diem reimbursement by$147,050 each year. The Department states the increased costs would be paid for from the workers compensation administrative fund. The fund is funded by carriers and self-insurance payments. As employers, state, county and local governments would have an increase in expenditures based on their portion paid for the workers compensation administrative fund. The Department states the increase would be indeterminable.