State News : New Hampshire

The NH Department of Labor has issued the following guide to assist parties when corresponding with them:

DOLHEARINGS@dol.nh.gov    -    Continuances/Withdrawal Requests, 1st level CD/Transcript Requests, Attorney Fee                                 Requests, Reconsideration/Clarification Requests, Add Issue/Time Requests, Video/Telephonic Requests

DOLSCHEDULING@dol.nh.gov    -    Hearing Requests, LSS Hearing Requests, Attorney Availability/Unavailability,                     Notification/Withdrawal of Representation, Hearing Submissions (medical and non-medical), Witness Disclosure

FirstReport@dol.nh.gov    - First Reports of Injury, Memos of Denial

MOPSUBMISSION@DOL.NH.GOV    -    Memos of Payment, Notices of Accidental Injury/Occ Disease, General WC                                                                        questions

WorkersComp@dol.nh.gov    -    Permanent Impairment Awards, Reimbursement for Job Modification, COLA, Death                                                             Allocation, Administrative Suspension/Termination, Third Party Settlement Approval, Pro Se                                                             Dispute Resolution

WorkersCompRecordsRequests@dol.nh.gov    -    Copy Requests, Employment Verifications

DOL.CABAppeals@dol.nh.gov        -    Appeal Requests, Appeal Submissions     

 SIFMC@dol.nh.gov     -    Second Injury Fund, Managed Care, Third Party Administrator Licensing    

NHCoverage@dol.nh.gov    -    General Coverage Requirements Questions, Verification of Coverage in Place,                                                     Questionnaires/Exclusions  

DOL.WCCarrier@dol.nh.gov    -    Certificates of Insurance, Coverage from Carriers, Requests for Penalty Waivers

NHLeasing@dol.nh.gov    -    Leasing Applications, Client Add/Term Forms, Quarterly Audits

DOL.WCSelfInsurance@dol.nh.gov    -    Self-Insurance

On July 16, 2024, the New Hampshire Supreme Court  issued a decision in Petition of City of Manchester & a., Docket No. 2022-0696.  This case was accepted by the full court from Bernard & Merrill’s Writ of Mandamus requesting that the Court address whether employers and their insurance carriers have a right to a department level hearing when the Second Injury Fund denies claims pursuant to RSA 281-A:43, I(a).

This Writ of Mandamus (an order directing a government official to properly fulfill their official duty or correct an abuse of discretion) was filed on behalf of eight employers who had filed claims against the New Hampshire Second Injury Fund (Fund) seeking reimbursement for indemnity and medical benefits paid out on behalf of claimants who sustained a prior permanent condition.  In all eight cases, the Fund denied the reimbursement claims, and the Department of Labor (DOL) refused to grant the employers a first level hearing to address the merits of the claims.  The question presented for review was whether the DOL was statutorily required to grant a request to hold a department level hearing when an employer’s request for reimbursement from the Fund is denied.

The Court agreed with the petitioner’s that RSA 281-A:43, I(a) grants employers a department level hearing before an authorized representative of the commissioner when they have been denied reimbursement from the Fund.  The Court disagreed with the DOL that hearings under this section of the statute are only allowed when the issue to be addressed is whether a claimant is entitled to benefits and that petitioner’s rights instead fall under the Administrative Procedures Act. The Court stated that it did not read the statute so narrowly and that at issue is “who is ultimately responsible for the payment of compensation to the employee-the employer or the Fund.”  The Court interpreted RSA 281-A:43,I(a) to provide for review of a denial of reimbursement and held, “to construe the statute otherwise – to provide no right to a contested hearing -a as the DOL would have us do, would subvert the purpose of the statute.” 

The Court observed that their interpretation of the statute “serves the purpose sought to be advanced by the statutory scheme” noting that the purpose of the Fund was “created to encourage employers to hire or retain employees with permanent physical or mental impairments of any origin by reducing the employer’s liability for workers’ compensation claims.”  Finally, it noted that  the legislature is free to amend the statute if it disagreed with their construction.

The Second Injury reimburses carriers and self-insured employers upwards of 16 million dollars annually.  The right to a first level hearing provides employers and their carriers the opportunity to flush out the basis of a denial and has resulted in a number of decisions awarding Second Injury Fund reimbursement.  

Michelle A. Broadhurst, Esquire

Bernard & Merrill PLLC

814 Elm Street, Suite 407

Manchester, NH 03101

Tel: 603-622-8454

Fax: 603-626-8490

E-mail: michelle@bernard-merrill.com