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New Hampshire Workers' Compensation Legal Library


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CHAPTER Lab 1600 WORKERS' COMPENSATION APPEALS ADVISORY BOARD

Statutory Authority: RSA 281-A:42-aa

PART Lab 1601 PURPOSE

Lab 1601.01 Statement of Purpose. This chapter sets forth the procedures and forms for carrying out the provisions of RSA 281-A:42-aa pertaining to the workers' compensation appeals advisory board.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

PART Lab 1602 DEFINITIONS

Lab 1602.01 "Advisory board" means the compensation appeals advisory board as established by RSA 281-A:42-aa.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1602.02 "Candidate" means a prospective member or a current member whose term is expiring.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1602.03 "Commissioner" means the labor commissioner.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15 (from 1602.02)

Lab 1602.04 "Department" means the New Hampshire department of labor.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15 (from 1602.03)

Lab 1602.05 "Compensation appeals board" means the workers' compensation appeals board as established by RSA 281-A:42-a.

Source. #10959, eff 10-23-15 (from 1602.04)

PART Lab 1603 DESCRIPTION OF THE ADVISORY BOARD

Lab 1603.01 Membership. The advisory board shall consist of 5 voting members appointed in the manner prescribed in RSA 281-A:42-aa, I, and the commissioner who shall serve as the non-voting chair.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1603.02 Term.

(a) Voting members of the advisory board shall be appointed for a term of 3 years.

(b) No voting member shall serve for more than 2 consecutive terms.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

PART Lab 1604 DUTIES OF THE ADVISORY BOARD

Lab 1604.01 Duties.

(a) The advisory board shall meet as needed to perform the following functions:

(1) To evaluate candidate(s) for nomination to a term as a member of the compensation appeals board;

(2) To submit to the commissioner names of persons deemed qualified for nomination as members of the compensation appeals board; and

(3) To receive complaints concerning current members of the compensation appeals board forwarded to the board by the commissioner; and.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1604.02 Meetings.

(a) The advisory board shall meet at the offices of the department at the call of the commissioner.

(b) The commissioner shall set a date for a meeting and notify the advisory board at least 60 days prior to the date that the term of a member of the compensation appeals board is to expire.

(c) Prior to the meeting of the advisory board to evaluate candidates, the commissioner shall;

(1) Send the anonymous questionnaire, Form WCAAB-1 (4-2015) in Appendix I, as cited in RSA 281-A:42- aa, IV (d) and Lab 1604.06, to the participants in the appeal process; and

(2) Upon receipt of completed questionnaires, the commissioner shall forward the questionnaires to the advisory board.

(d) The advisory board shall meet no later than 45 days prior to the date that the term of a member of the compensation appeals board is due to expire to evaluate candidates for the position and make their recommendation to the commissioner.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1604.03 Quorum. Three voting members shall constitute quorum for conducting business.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1604.04 Evaluation of Candidates.

(a) In determining whether or not a candidate for nomination to a term on the compensation appeals board should be recommended to the commissioner, the advisory board shall interview new candidates and review the materials submitted to it, including the resume and personal references of the candidate to determine:

(1) That the candidate has the necessary education, 5 years' experience and knowledge in the area of current workers' compensation law based upon their:

a. Knowledge of current workers compensation law;

b. Education in workers compensation law; and

c. Practical experience in workers compensation law; and

(2) That the candidate has demonstrated the ability to serve in an unbiased and impartial manner.

(b) In determining whether or not a candidate for re-nomination to a term on the compensation appeals board should be recommended to the commissioner, the advisory board, in addition to the considerations contained in paragraph (a), shall also consider any complaints or concerns against the candidate that have been filed with the commissioner pursuant to RSA 281-A: 42-e and Lab 1604.02 (c).

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1604.05 Voting.

(a) Upon due consideration and deliberation, the advisory board shall vote based on the criteria noted in Lab 1604.04 whether or not to recommend a candidate for nomination to the compensations appeals board.

(b) The vote may be taken by voice vote or, at the request of the majority of the voting advisory board members in attendance, by secret ballot.

(c) The vote of a majority of the voting members of the advisory board shall be the vote of the board.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

Lab 1604.06 Anonymous Questionnaire.

(a) In the discharge of its duties, the advisory board shall periodically review the questionnaire, Form WCAAB-1 (4-2015) in Appendix I, to be distributed to participants involved in the appeal process, and returned to the advisory board.

(b) The Advisory board shall determine the content of the questions dealing with issues of conduct of the compensation appeals board members and fairness of the proceedings without regard to whether the position advocated by the party was supported or rejected by the compensation appeals board panel.

(c) If a recipient chooses to complete the questionnaire, the recipient shall complete and return it by the date indicated on the form.

(d) The results of the questionnaire shall be one factor used by the advisory board in the evaluation of candidates who are members of the compensation appeals board.

(e) The advisory board can request administrative assistance from the department in the distribution and compilation of the questionnaire.

Source. #8527, eff 12-22-05, EXPIRED: 12-22-13

New. #10959, eff 10-23-15

APPENDIX

Rule

Specific State Statute the Rule Implements

Lab 1600

RSA 281-A:42-a; RSA 281-A:42-aa



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