HB216 (2009) Detail

Relative to fees for legal services rendered to workers' compensation claimants.


HB 216-FN – AS AMENDED BY THE HOUSE

18Feb2009… 0192h

2009 SESSION

09-0655

01/05

HOUSE BILL 216-FN

AN ACT relative to fees for legal services rendered to workers’ compensation claimants.

SPONSORS: Rep. Nixon, Hills 17

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill clarifies the fees for legal services rendered to workers’ compensation claimants.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Feb2009… 0192h

09-0655

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to fees for legal services rendered to workers’ compensation claimants.

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

1 Workers’ Compensation; Awards of Fees and Interest. Amend RSA 281-A:44, VI to read as follows:

VI. No attorney representing a claimant shall contract for, charge for, or collect a fee for legal service rendered to the claimant at the department level unless the fee has been approved by the commissioner. In determining the amount of the allowable fee, the commissioner shall consider, among other things, the nature, length and complexity of the service performed, the usual and customary charge for work of the like kind and the benefit accruing to the claimant as a result of the legal service performed; provided, however, that when an insurance carrier, self insurer, or payor acting on behalf of such carrier or self insurer disputes the causal relationship of a medical bill to the claimant’s injury, or whether a medical bill was required by the nature of the injury, and denies payment of such bill, is after a hearing, ordered to pay or reimburse the bill by the commissioner or if the payment is voluntarily made less than 21 days prior to the date of the initially scheduled hearing, the claimant shall be entitled to reimbursement of reasonable counsel fees and costs as approved by the commissioner. The claimant shall be entitled to reasonable fees and costs pending appeal.

2 Effective Date. This act shall take effect January 1, 2010.

LBAO

09-0655

Amended 02/19/08

HB 216 FISCAL NOTE

AN ACT relative to fees for legal services rendered to workers’ compensation claimants.

FISCAL IMPACT:

The Department of Labor states this bill, as amended by the House (Amendment #2009-0192h), will increase state, county, and local expenditures by an indeterminable amount in FY 2009 and each year thereafter. This bill will have no impact on state, county, and local revenues.

METHODOLOGY:

The Department of Labor states this bill would require employers to pay fees for legal services in workers’ compensation cases if the payment for a disputed medical bill is voluntarily made less than 21 days prior to the date of a hearing. The Department of Labor states there would be an impact on state, county, and local governments in their role as employers by increasing the amount of attorney fees owed, but the full impact is indeterminable as the amount would vary depending on the attorney and costs and fees associated with each case.