N.H. Admin. Code § Lab 506.03 - Payment and Reimbursement of Adjusted Total Disability Benefits

(a) An injured employee shall be entitled to an increase in his or her total disability benefits if he or she qualifies for such an increase pursuant to RSA 281-A:29 and this section.

(b) Self-insured employers and insurance carriers shall acquaint themselves with the provisions of RSA 281-A:29 to review all claims as to eligibility for benefits as follows:

(1) The carrier shall inform the employee of this benefit and advise the employee to apply for Social Security disability benefits if applicable prior to the 3^rd anniversary of the injury;

(2) Any injured worker receiving total disability benefits after the third anniversary of the injury shall upon request produce a copy of his or her denial of Social Security disability benefits;

(3) Notice of eligibility for benefits shall be given as soon as possible for review and approval by the department by completing and filing a "Memo of Payment", form 9WCA (6/1994) contained in Appendix II with the appropriate box completed;

(4) Self-insured employers and insurance carriers shall make adjusted weekly compensation payments and review the claim annually thereafter on July 1; and

(5) If an employee becomes eligible for Social Security disability benefits at any time after receiving an adjustment in his compensation rate under this part, the employee's compensation rate will revert back to the original compensation rate established at the onset of the claim.

(c) Self-insured employers and insurance carriers shall apply annually to be received in the department before September 1 by completing and filing "Application for Reimbursement of Paid Adjusted Total Disability Benefits", form 9WCA-2 (9/2015), contained in Appendix II for reimbursement for claims prior to July 1, 1975, from the fund established under RSA 281-A:30, of the total adjusted disability payments made by them during the preceding calendar year. A self-insured employer or insurance carrier who fails to make timely annual application for such reimbursement shall forfeit the right to reimbursement for payment made during the preceding calendar year.

Notes

N.H. Admin. Code § Lab 506.03

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90

New. #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07

Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.