Bill Details - HB1417 (2018)

HB 1417-FN - AS INTRODUCED

 

 

2018 SESSION

18-2344

01/03

 

HOUSE BILL 1417-FN

 

AN ACT relative to failure to make workers' compensation payments.

 

SPONSORS: Rep. Richardson, Coos 4

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill declares that any employer, insurance carrier, self-insurer, or claims adjustment company that fails to make timely payment to an employee under the workers' compensation law shall be liable to the employee for certain damages.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2344

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to failure to make workers' compensation payments.

 

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

 

1  New Paragraph; Workers' Compensation; Failure to Make Timely Payments.  Amend RSA 281-A:42 by inserting after paragraph VI the following new paragraph:

VII.  In addition to paragraph V, any employer, insurance carrier, self-insurer, or claims adjusting company who willfully and without good cause fails to make timely payment to the employee shall be additionally liable to the employee for damages equal to the amount of the ordered payment.  Any order for payment to an employee under this paragraph shall be subsequent to a hearing at the department of labor.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2344

10/25/17

 

HB 1417-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to failure to make workers' compensation payments.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill provides for the payment of damages to an employee by any employer, insurance carrier, self-insurer, or claims adjusting company that willfully and without good cause fails to make timely payment to the employee equal to the amount of the ordered payment.

 

The Department of Labor assumes individual claimants asserting the necessity for an order of payment under this bill would request a formal hearing at the Department of Labor.  The Department staff would hold the hearings and process the decisions.  The Department indicates there would be no impact on state, county or local revenue, but there may be an indeterminable increase in state, county and local expenditures.  The Department is not able to predict the number of claims in which employers and carriers could be subject to payment of damages under this bill so it is unable to determine if there would be added costs to state, county and local governments relative to their provision of workers compensation coverage.  The Department does not expect there would be an appreciable increase in state costs from the Department of Labor’ administration and the Department assumes any additional hearings and actions related to administering the hearings could be addressed with existing staff.

 

The Department of Insurance states this bill will have no impact on its operations since workers compensation claims matters are the exclusive purview of the Labor Department.

 

AGENCIES CONTACTED:

Departments of Labor and Insurance

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 10
Jan. 24, 2018 Public Hearing: 01/24/2018 11:30 AM LOB 307
Feb. 14, 2018 Executive Session: 02/14/2018 LOB 307
Majority Committee Report: Inexpedient to Legislate (Vote 13-8; RC)
March 6, 2018 Majority Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 13-8; RC) HC 9 P. 73
Minority Committee Report: Ought to Pass
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Suspend House Rule 65; extending deadline for action to 3/22/2018 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/15/2018 HJ 8 P. 69
March 21, 2018 Inexpedient to Legislate: MA VV 03/21/2018 HJ 9 P. 28

Action Dates

Date Body Type
Jan. 24, 2018 House Hearing
Feb. 14, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote

Bill Text Revisions

HB1417 Revision: 1907 Date: Nov. 3, 2017, 12:15 p.m.