Section 281-A:43 Hearings and Awards.
I. (a) In a controversy as to the responsibility of an employer or the employer's insurance carrier for the payment of compensation and other benefits under this chapter, any party at interest may petition the commissioner in writing for a hearing and award. The petition shall be sent to the commissioner at the department's offices in Concord and shall set forth the reasons for requesting the hearing and the questions in dispute which the applicant expects to be resolved. The commissioner or the commissioner's authorized representative shall schedule a hearing, either in Concord or at a location nearest the employee as determined by the commissioner, by fixing its time and place and giving notice at least 14 days prior to the date for which it is scheduled. The hearing date shall be set for a time not to exceed 6 weeks from the date the petition was received. In those instances where an expedited hearing is requested, the petition for hearing shall set forth the facts in sufficient detail to support the request for an expedited hearing. The commissioner, or his or her authorized agent shall, in his or her discretion, determine whether the need exists for an expedited hearing. Any requests for an expedited hearing shall be periodically reviewed by the commissioner to determine whether such requests are given proper attention. The commissioner shall also identify any overutilization by the requesting parties and responses given to such requests by the commissioner. An annual report of the expedited requests, responses, the number of continuances, the reasons for such continuances, the number of requests for hearing, and the time within which the hearings were held shall be made annually to the advisory council established in RSA 281-A:62. The notice may be given in hand or by certified mail, return receipt requested. Continuances of any hearing are discouraged; however, should a continuance be necessary, the parties requesting such continuance shall file with the department a written petition for such continuance at least 7 days prior to the hearing. Failure to file such a petition shall bar any right to a continuance. Thereafter, a continuance may only be granted upon the commissioner's finding that a compelling need exists so as to require a continuance. At such hearing, it shall be incumbent upon all parties to present all available evidence and the person conducting the hearing shall give full consideration to all evidence presented. In addition, the person conducting the hearing shall freely and comprehensively examine all witnesses to determine the merits of the matter. Also, the person conducting the hearing may recess the hearing to a date certain and direct the parties, or either of them, to provide such further information that may be necessary to decide the matter. No later than 30 days after the hearing, the commissioner or the commissioner's authorized representative shall render a decision and shall forthwith notify the parties of it. When appropriate, the commissioner, or his or her authorized representative, may render a decision at the hearing. Unless excused for good cause shown, failure of any or all parties at interest to appear at a duly scheduled hearing or to petition for a continuance shall bar such parties from any further action concerning an adverse decision, a decision by default, or a dismissal of a petition for hearing and award.
(b) An appeal from a decision of the commissioner or the commissioner's authorized representative shall be taken to the board no later than 30 days from the date of such decision. Upon the filing of an appeal the board shall, within 6 weeks hold a full hearing on the appeal; but, in no case shall such an appeal suspend the operation of an award unless the hearing officer from which the appeal was taken shall so order. The board shall give notice of the scheduled hearing at least 14 days prior to the date for which it is scheduled. Continuances of any hearing are discouraged; however, should a continuance be necessary, the parties requesting such continuance shall file with the board a written petition for such continuance at least 7 days prior to the hearing. Failure to file such a petition shall bar any right to a continuance. Thereafter, a continuance may only be granted upon the commissioner's finding that a compelling need exists so as to require a continuance. The board shall make its decision or order setting forth its findings of fact and rulings of law within 30 days of the hearing.
(c) Any party in interest aggrieved by any order or decision of the board may appeal to the supreme court pursuant to RSA 541.
(d) Within 7 days of receipt of a notice of hearing under subparagraph I(a) or I(b), the insurance carrier or group-funded self insurance plan shall mail a copy of such notice to the affected employer. The commissioner may assess a civil penalty of up to $2,500 on any insurance carrier or group-funded self insurance plan which fails, without sufficient cause as determined by the commissioner, to comply with the provisions of this subparagraph. All funds collected under this subparagraph shall be paid over to the state treasurer for deposit into the general fund.
(e) If a request for cancellation or continuance of a hearing is filed less than 7 days prior to a scheduled hearing, the commissioner may impose an administrative penalty of up to $500 upon the person filing the request if the commissioner determines that such person has repeatedly filed such requests in abusive disregard of the convenience of other parties or the orderly processes of the department. If such a penalty is imposed upon a person representing a party, the cost of the penalty shall not be passed on to the party represented. All funds collected under this subparagraph shall be paid over to the state treasurer for deposit into the general fund.
II. A decision of the commissioner, the commissioner's authorized representative, or the board shall take effect and shall become final, in the absence of an appeal from it, 30 days from the date of the decision. Payment of weekly compensation and entitlement to medical and vocational benefits, if necessary and so ordered by the commissioner or the board, shall begin or continue as soon as possible, but no later than 5 working days after the decision's effective date, and shall not be terminated except in accordance with the terms of the decision or of a final court determination. If the commissioner determines that the employer or carrier has failed to comply with any order, then the commissioner may assess a penalty not to exceed $100 for each day of noncompliance, beginning on the date of notification of its assessment. Upon continued failure to comply with an order to make payment of the compensation or medical benefits, or to institute vocational rehabilitation, or to pay the penalty, or any combination thereof, the commissioner shall petition the superior court for an injunction to comply. The commissioner shall deposit with the state treasurer any penalty collected under this section.
III. (a) The commissioner may conduct investigations and hold hearings to resolve disputes between an employer and the employer's workers' compensation carrier regarding whether persons engaged by the employer are employees or independent contractors for the purposes of determining whether an additional premium charge is to be paid by the employer for workers' compensation insurance.
(b) Any party in interest aggrieved by any order or decision of the commissioner under this paragraph may appeal to the superior court.
Source. 1988, 194:2. 1990, 254:29, 30. 1993, 357:3, 4, eff. July 1, 1993. 1999, 210:3, eff. Sept. 4, 1999. 2005, 85:1, 2, eff. June 7, 2005. 2007, 172:1, eff. June 18, 2007.