New Hampshire Revised Statutes 281-A:28-a – Compensation for Permanent Total Disability
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In case of total disability where the employee is unable to engage in gainful employment and the employee has reached maximum medical improvement, permanent benefits shall be payable to the employee during the continuance of such total disability, as follows:
I. If an employee’s average weekly wage is 30 percent or less of the state‘s average weekly wage, weekly compensation shall be the full amount of said employee’s weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee’s after tax earnings as determined pursuant to N.H. Rev. Stat. § 281-A:15.
II. If an employee’s average weekly wage is over 30 percent of the state’s average weekly wage, weekly compensation shall be 60 percent of the employee’s average weekly wage or 30 percent of the state’s average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state’s average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee’s after tax weekly earnings as determined pursuant to N.H. Rev. Stat. § 281-A:15. For the purposes of this section, the state’s average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.
III. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, gainful employment.
I. If an employee’s average weekly wage is 30 percent or less of the state‘s average weekly wage, weekly compensation shall be the full amount of said employee’s weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee’s after tax earnings as determined pursuant to N.H. Rev. Stat. § 281-A:15.
Terms Used In New Hampshire Revised Statutes 281-A:28-a
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- Continuance: Putting off of a hearing ot trial until a later time.
- employee: includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees. See New Hampshire Revised Statutes 281-A:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Gainful employment: means employment which reasonably conforms with the employee's age, education, training, temperament and mental and physical capacity to adapt to other forms of labor than that to which the employee was accustomed. See New Hampshire Revised Statutes 281-A:2
- Injury: or "personal injury" as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. See New Hampshire Revised Statutes 281-A:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. If an employee’s average weekly wage is over 30 percent of the state’s average weekly wage, weekly compensation shall be 60 percent of the employee’s average weekly wage or 30 percent of the state’s average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state’s average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee’s after tax weekly earnings as determined pursuant to N.H. Rev. Stat. § 281-A:15. For the purposes of this section, the state’s average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.
III. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, gainful employment.