Revision: Jan. 18, 2019, 2:31 p.m.
SB 99-FN - AS INTRODUCED
2019 SESSION
19-0963
01/05
SENATE BILL 99-FN
AN ACT relative to gainful employment and partial disability in workers' compensation.
SPONSORS: Sen. Cavanaugh, Dist 16; Rep. Merner, Coos 7; Rep. Soucy, Merr. 16; Rep. Goley, Hills. 8
COMMITTEE: Commerce
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ANALYSIS
This bill clarifies the definition of gainful employment for purposes of workers' compensation. This bill also clarifies compensation for temporary partial disability and permanent partial disability.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0963
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to gainful employment and partial disability in workers' compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers' Compensation; Definitions. Amend RSA 281-A:2, X-a to read as follows:
X-a. "Gainful employment" means employment which reasonably conforms with the employee's age, education, training, temperament and mental and physical capacity to adapt to other forms of similarly remunerative labor than that to which the employee was accustomed.
2 Workers' Compensation; Compensation 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 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].
3 Workers' Compensation; Compensation 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 percent of the difference between his average weekly wage before the injury and the average weekly wage which he 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].
4 Effective Date. This act shall take effect January 1, 2020.
19-0963
1/11/19
SB 99-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to gainful employment and partial disability in workers' compensation.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Multiple (See Methodology) | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
For the purpose of workers' compensation, this bill clarifies the definition of gainful employment and removes a 262 week limit on payments for temporary and permanent partial disability. The Department of Labor estimates this bill may increase workers' compensation premiums and payment expenditures for state, county, and local governments. However, the Department estimates the increase will be by an indeterminable amount. Any increased expenditures under this bill would impact all funds used to pay for workers' compensation premiums or payments.
AGENCIES CONTACTED:
Department of Labor