Section 281-A:54 Payment for Second Injuries From Special Fund.
I. If an employee who has a permanent physical or mental impairment, as defined in RSA 281-A:2, XIV, from any cause or origin incurs a subsequent disability by injury arising out of and in the course of such employee's employment on or after July 1, 1975, which results in compensation liability for a disability that is greater by reason of the combined effects of the preexisting impairment than that which would have resulted from the subsequent injury alone, the employer or the employer's insurance carrier shall in the first instance pay all awards of compensation provided by this chapter. However, the commissioner shall reimburse such employer or insurance carrier from the special fund created by RSA 281-A:55 for all compensation payments subsequent to those payable for the first 104 weeks of disability. Provided, however, that prior to the first 104 weeks of disability, the employer shall be reimbursed 50 percent after the first $10,000 paid on all compensation for temporary total, temporary partial, permanent partial, permanent total, medical, or rehabilitation benefits for all injuries occurring on or after January 1, 1991.
II. If the subsequent injury of such an employee occurring on or after July 1, 1975, shall result in the death of the employee and it shall be determined that the death would not have occurred except for such preexisting permanent physical or mental impairment, the employer or the employer's insurance carrier shall in the first instance pay the compensation prescribed by this chapter. However, the commissioner shall reimburse such employer or insurance carrier from the special fund created by RSA 281-A:55 for all compensation payable in excess of 104 weeks, provided, however, that prior to the 104 weeks, the employer shall be reimbursed 50 percent over and above the first $10,000 of all compensation, medical, rehabilitation benefits, or funeral expenses which the employer was required to pay for all injuries occurring on or after January 1, 1991.
III. In order to qualify under this section for reimbursement from the special fund, an employer shall establish by written records, or by affidavit executed at the time of hire or retention in employment, that the employer had knowledge of the employee's permanent physical or mental impairment at the time that the employee was hired or at the time that the employee was retained in employment after the employer acquired such knowledge.
IV. The special fund shall not be bound as to any question of law or fact by reason of an award or an adjudication to which it was not a party or in relation to which it was not notified at least 3 weeks prior to the award or adjudication that it might be subject to liability for the injury or death.
V. An employer or insurance carrier shall notify the commissioner of any possible claim against the special fund as soon as practicable but in no event later than 100 weeks after the injury or death.
VI. Reimbursement for payments by an insurance carrier under this section shall be made periodically at the discretion of the commissioner by orders drawn on the state treasury to be charged against the special fund.
VII. No benefit shall be payable under this section for injuries or illnesses occurring prior to July 1, 1975; provided, however, that persons who incurred an injury or illness prior to July 1, 1975, which was of the type specified in former RSA 281:47 shall continue to be paid out of the special fund created by RSA 281-A:55.
VIII. Payments made by an employer or the employer's insurance carrier under RSA 281-A:25 and 281-A:32 shall be in lieu of payments under this section.
IX. Employers who incur costs for job modification for the purposes of retaining individuals, including those reinstated under RSA 281-A:25-a, for which a plan for modification has been approved by the commissioner shall be reimbursed 50 percent of the cost for such job modifications from the special fund for second injuries under RSA 281-A:55. Such reimbursement shall not exceed $5,000 per employer per year. Before reimbursement shall be authorized, the employer shall submit the plan for modification to the commissioner for approval.
X. An employer who reinstates an employee under RSA 281-A:25-a shall not be eligible for reimbursement from this fund should the employee become injured.
Source. 1988, 194:2. 1990, 254:32, 33, eff. Jan. 1, 1991. 1997, 343:6, 7, eff. Jan. 1, 1998.