HB1508 (2018) Compare Changes


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Unchanged Version

Text to be removed highlighted in red.

1 Weekly Compensation Changed for Temporary Total Disability. Amend RSA 281-A:28, I and II to read as follows:

I. If an employee's average weekly wage is 30 40 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of that employee's average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 100 percent of the employee's after tax earnings as determined by RSA 281-A:15.

II. If an employee's average weekly wage is over 30 40 percent of the state's average weekly wage, weekly compensation shall be 60 66 2/3 percent of that employee's average weekly wage or 30 40 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined under RSA 281-A:15. For purposes of this section, the department of employment security shall establish the state's average weekly wage for the immediate preceding calendar year to be effective the following July 1.

2 Weekly Compensation Changed for Permanent Total Disability. Amend RSA 281-A:28-a, I and II to read as follows:

I. If an employee's average weekly wage is 30 40 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of said employee's weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 100 percent of the employee's after tax earnings as determined pursuant to RSA 281-A:15.

II. If an employee's average weekly wage is over 30 40 percent of the state's average weekly wage, weekly compensation shall be 6066 2/3 percent of the employee's average weekly wage or 30 40 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined pursuant to RSA 281-A:15. For the purposes of this section, the state's average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.

3 Weekly Compensation Changed for Temporary Partial Disability. Amend RSA 281-A:31 to read as follows:

281-A:31 Compensation for Temporary Partial Disability. If the disability for work resulting from an injury is partial, and the employee is able to work but has not yet reached maximum medical improvement, the employer, or the employer's insurance carrier, during such disability, but not for the first 3 days of disability unless the disability continues for 14 days or longer, shall pay to the injured employee a weekly compensation equal to 60 66 2/3 percent of the difference between the employee's average weekly wage before the injury and the average weekly wage which he or she is able to earn thereafter; but in no instance shall the weekly compensation exceed the amount set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and, if the partial disability begins after a period of total disability, the period of total disability shall be deducted from such total period of 262 weeks.

4 Weekly Compensation Changed for Permanent Partial Disability. Amend RSA 281-A:31-a to read as follows:

281-A:31-a Compensation for Permanent Partial Disability. Where the disability for work resulting from an injury is permanent but partial in nature, the employee has reached maximum medical improvement, is able to return to work, and there is an impairment in accordance with the "Guides to the Evaluation of Permanent Impairment" published by the American Medical Association as set forth in RSA 281-A:32, the employer, or insurance carrier, during such disability shall pay to the injured employee a weekly compensation equal to 60 66 2/3 percent of the difference between his or her average weekly wage before the injury and the average weekly wage which he or she is able to earn thereafter. However, in no instance shall the weekly compensation exceed the amounts set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and if the partial disability begins after a period of total disability, the period of disability shall be deducted from such total period of 262 weeks.

5 New Paragraph; Workers' Compensation; Medical Payment Schedules. Amend RSA 281-A:24 by inserting after paragraph V the following new paragraph:

VI. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing a medical payment schedule which shall require medical payments at the rate of 150 percent of the Medicare reimbursement rate.

6 New Subparagraph; Workers' Compensation; Rulemaking Added. Amend RSA 281-A:60, I by inserting after subparagraph (aa) the following new subparagraph:

(bb) Medical payment schedules in accordance with RSA 281-A:24, VI.

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

Changed Version

Text to be added highlighted in green.

1 Weekly Compensation Changed for Temporary Total Disability. Amend RSA 281-A:28, I and II to read as follows:

I. If an employee's average weekly wage is 40 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of that employee's average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 100 percent of the employee's after tax earnings as determined by RSA 281-A:15.

II. If an employee's average weekly wage is over 40 percent of the state's average weekly wage, weekly compensation shall be 66 2/3 percent of that employee's average weekly wage or 40 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined under RSA 281-A:15. For purposes of this section, the department of employment security shall establish the state's average weekly wage for the immediate preceding calendar year to be effective the following July 1.

2 Weekly Compensation Changed for Permanent Total Disability. Amend RSA 281-A:28-a, I and II to read as follows:

I. If an employee's average weekly wage is 40 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of said employee's weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 100 percent of the employee's after tax earnings as determined pursuant to RSA 281-A:15.

II. If an employee's average weekly wage is over 40 percent of the state's average weekly wage, weekly compensation shall be 66 2/3 percent of the employee's average weekly wage or 40 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined pursuant to RSA 281-A:15. For the purposes of this section, the state's average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.

3 Weekly Compensation Changed for Temporary Partial Disability. Amend RSA 281-A:31 to read as follows:

281-A:31 Compensation for Temporary Partial Disability. If the disability for work resulting from an injury is partial, and the employee is able to work but has not yet reached maximum medical improvement, the employer, or the employer's insurance carrier, during such disability, but not for the first 3 days of disability unless the disability continues for 14 days or longer, shall pay to the injured employee a weekly compensation equal to 66 2/3 percent of the difference between the employee's average weekly wage before the injury and the average weekly wage which he or she is able to earn thereafter; but in no instance shall the weekly compensation exceed the amount set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and, if the partial disability begins after a period of total disability, the period of total disability shall be deducted from such total period of 262 weeks.

4 Weekly Compensation Changed for Permanent Partial Disability. Amend RSA 281-A:31-a to read as follows:

281-A:31-a Compensation for Permanent Partial Disability. Where the disability for work resulting from an injury is permanent but partial in nature, the employee has reached maximum medical improvement, is able to return to work, and there is an impairment in accordance with the "Guides to the Evaluation of Permanent Impairment" published by the American Medical Association as set forth in RSA 281-A:32, the employer, or insurance carrier, during such disability shall pay to the injured employee a weekly compensation equal to 66 2/3 percent of the difference between his or her average weekly wage before the injury and the average weekly wage which he or she is able to earn thereafter. However, in no instance shall the weekly compensation exceed the amounts set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and if the partial disability begins after a period of total disability, the period of disability shall be deducted from such total period of 262 weeks.

5 New Paragraph; Workers' Compensation; Medical Payment Schedules. Amend RSA 281-A:24 by inserting after paragraph V the following new paragraph:

VI. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing a medical payment schedule which shall require medical payments at the rate of 150 percent of the Medicare reimbursement rate.

6 New Subparagraph; Workers' Compensation; Rulemaking Added. Amend RSA 281-A:60, I by inserting after subparagraph (aa) the following new subparagraph:

(bb) Medical payment schedules in accordance with RSA 281-A:24, VI.

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