CHAPTER 10

HB 216-FN – FINAL VERSION

18Feb2009… 0192h

01/21/10 0178s

2010 SESSION

09-0655

01/05

HOUSE BILL 216-FN

AN ACT relative to fees for legal services rendered to workers’ compensation claimants.

SPONSORS: Rep. Nixon, Hills 17

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill clarifies the fees for legal services rendered to workers’ compensation claimants.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Feb2009… 0192h

01/21/10 0178s

09-0655

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to fees for legal services rendered to workers’ compensation claimants.

Be it Enacted by the Senate and House of Representatives in General Court convened:

10:1 Workers’ Compensation; Awards of Fees and Interest. Amend RSA 281-A:44, VI to read as follows:

VI. No attorney representing a claimant shall contract for, charge for, or collect a fee for legal service rendered to the claimant at the department level unless the fee has been approved by the commissioner. In determining the amount of the allowable fee, the commissioner shall consider, among other things, the nature, length and complexity of the service performed, the usual and customary charge for work of the like kind and the benefit accruing to the claimant as a result of the legal service performed; provided, however, that when an insurance carrier, self insurer, or payor acting on behalf of such carrier or self insurer disputes the causal relationship of a medical bill to the claimant’s injury, or whether a medical bill was required by the nature of the injury, and denies payment of such bill, is after a hearing, ordered to pay or reimburse the bill by the commissioner, the claimant shall be entitled to reimbursement of reasonable counsel fees and costs as approved by the commissioner. The claimant shall be entitled to reasonable fees and costs pending appeal. In the event that the medical bill is voluntarily accepted less than 7 business days prior to the date of the scheduled hearing, the claimant shall be entitled to reasonable counsel fees and costs as approved by the commissioner unless the carrier can prove a justifiable reason for the delay in accepting the bill.

10:2 Effective Date. This act shall take effect January 1, 2011.

Approved: May 7, 2010

Effective Date: January 1, 2011