N.H. Admin. Code § Lab 510.02 - Rules Governing Review

(a) No carrier shall reduce or terminate benefit payments for reasons other than provided by statute, Lab 506.02(p), or Lab 510.04 without obtaining prior approval of the commissioner pursuant to (b) through (d) below.

(b) A carrier seeking approval to reduce or terminate benefit payments shall take the following action:

(1) File a written petition with the commissioner setting out in detail the reasons why it believes it should be allowed to take such action;

(2) Provide the department with the claimant's correct address and phone number;

(3) Attach to the petition copies of all medical reports and other documents it is relying upon to support the granting of its petition; and

(4) Simultaneously send a copy of the petition and supporting documents to the opposing party, together with a notice that if the party objects to the petition, a written objection together with all documentation supporting the objection is required to be sent to the commissioner and the moving party within 10 days.

(c) Upon receipt of the petition and any objection to the petition, the commissioner shall:

(1) Review the medical reports issued since the date of the last decision by the commissioner or commissioner's representative to determine if there has been a revision of any full-time, light or full duty work release applicable to the employee;

(2) Review the limitation and restrictions placed upon the employee by the treating physician;

(3) Review the documentation indicating the availability of work for the employee;

(4) Review the employee's involvement in an approved vocational rehabilitation program; and

(5) Review such other facts noted by the parties in their filings that might restrict the employee from returning to work.

(d) Based upon the evidence presented and the review pursuant to (c) above, the commissioner shall grant or deny the petition to reduce or terminate the employee's benefits.

(e) If either party disagrees with the commissioner's determination he or she may request a hearing in accordance with RSA 281-A:43.

Notes

N.H. Admin. Code § Lab 510.02

#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 (formerly Lab 509.02); ss by #7585, eff 10-30-01

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