Revision: Jan. 17, 2013, midnight
HB 373 – AS INTRODUCED
2013 SESSION
01/04
HOUSE BILL 373
AN ACT establishing a right of discovery to a carrier’s investigation of claims in workers’ compensation cases.
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill establishes a right of discovery to a carrier’s investigation of claims in workers’ compensation cases. The bill also allows reasonable attorneys fees to be paid to the claimant in certain circumstances.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0776
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing a right of discovery to a carrier’s investigation of claims in workers’ compensation cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Materials to be Provided to Claimant Upon Request. Amend RSA 281-A by inserting after section 43 the following new section:
281-A:43-a Materials to be Provided to Claimant Upon Request. A carrier, self-insured, or the employer shall provide to the claimant, upon request, copies of all documents filed by the carrier or employer with the department of labor, copies of all correspondence to any medical personnel relative to the claim, and copies of all statements obtained from any person during the carrier’s investigation of whether to admit or deny the claim.
2 New Paragraph; Workers’ Compensation; Award of Fees and Interest. Amend RSA 281-A:44 by inserting after paragraph VI the following new paragraph:
VII. In any dispute before the department of labor relative to causal relationship of injury to employment or regarding review of eligibility for compensation, should the claimant prevail, reasonable attorneys fees shall be awarded to the claimant.
3 Effective Date. This act shall take effect January 1, 2014.