HB 217 – AS INTRODUCED
2005 SESSION
01/10
HOUSE BILL 217
AN ACT relative to liability of third persons under workers’ compensation.
SPONSORS: Rep. Hunt, Ches 7; Rep. Giuda, Graf 5; Rep. Slocum, Hills 6; Sen. Flanders, Dist 7
This bill clarifies the distribution of expenses and costs between the employer or the employer’s insurance carrier and the employee when there is a third party recovery.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0534
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to liability of third persons under workers’ compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers’ Compensation; Recovery Against Third Person. Amend RSA 281-A:13, IV to read as follows:
IV. Whenever there is a recovery against a third person under paragraph I, II, or III, the commissioner, the arbitrator, or the superior court, as the case may be, shall order such division of expenses and costs of action, including attorneys’ fees, between the employer or the employer’s insurance carrier and the employee [as justice may require] in proportion to the amount each recovers from the third person. Payment of expenses and costs, including attorneys’ fees, by the employer or the employer’s insurance carrier on any third party recovery exceeding the lien, shall be paid at the time the employee uses the third party recovery to offset future injury-related compensation, medical, hospital, or remedial care expenses.
2 Applicability. This act applies to any recovery against a third person after the effective date of this act.
3 Effective Date. This act shall take effect January 1, 2006.