SB222 (2005) Detail

Relative to cumulative trauma under workers' compensation.


CHAPTER 128

SB 222-FN – FINAL VERSION

11May2005… 1115h

2005 SESSION

05-1062

01/09

SENATE BILL 222-FN

AN ACT relative to cumulative trauma under workers’ compensation.

SPONSORS: Sen. Flanders, Dist 7

COMMITTEE: Banks and Insurance

AMENDED ANALYSIS

This bill establishes the date of injury for cumulative trauma to be the date of first medical treatment for the purposes of workers’ compensation. The bill also establishes a date of injury for injuries or conditions aggravated by cumulative trauma.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11May2005… 1115h

05-1062

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to cumulative trauma under workers’ compensation.

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

128:1 Workers’ Compensation; Cumulative Trauma. Amend RSA 281-A:16 to read as follows:

281-A:16 Determining Date of Injury for Occupational Disease and Cumulative Trauma. For the purpose of determining the date of injury for an occupational disease, the date of injury shall be taken to be the last date of injurious exposure to the hazards of such disease or the date on which the employee first knew or reasonably should have known of the condition and its relationship to the employee’s employment, whichever is the later. For an injury caused by cumulative trauma, the date of injury shall be the date of first medical treatment. For an injury or condition aggravated by cumulative trauma, the date of injury shall be the date of first medical treatment for the aggravation.

128:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 15, 2005)

(Effective Date: August 14, 2005)