New Hampshire Revised Statutes 281-A:29 – Adjusted Total Disability Benefits
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For all compensable injuries occurring on or after July 1, 1963, for which total disability continues, except those injuries for which the employee is entitled to benefits under the federal Social Security Act, as amended, the injured employee shall be entitled to an adjustment in the weekly compensation rate effective July 1, 1975, based upon the following formula:
I. Determine the percentage of the injured employee’s average weekly wage at the time of the injury to the state‘s average weekly wage as established by the department of employment security for the same corresponding year. In no event shall the percentage exceed 100 percent of the state’s average weekly wage.
II. Determine the adjusted average weekly wage of the injured employee by applying the percentage determined in paragraph I against the state’s current average weekly wage which is established annually on July 1 for the previous calendar year.
III. Determine the revised weekly rate of compensation by applying the adjusted average weekly wage to the current schedule of benefits under N.H. Rev. Stat. § 281-A:28.
IV. The injured employee shall be entitled to an adjustment in the weekly compensation rate at one year intervals on July 1 in each year with the initial review occurring on or after the third anniversary of the injury.
V. Every insurance carrier or self-insured employer shall be required to report each compensable injury case to the commissioner if total disability payments continue or are expected to continue for 6 months from the date of injury.
VI. Adjustments in weekly benefit rates shall only apply to the provisions of N.H. Rev. Stat. § 281-A:28 and shall not be retroactive from the anniversary date of such review, unless an employee entitled to such adjustment did not receive the amount due because of a mistake, misfortune, or lack of knowledge.
I. Determine the percentage of the injured employee’s average weekly wage at the time of the injury to the state‘s average weekly wage as established by the department of employment security for the same corresponding year. In no event shall the percentage exceed 100 percent of the state’s average weekly wage.
Terms Used In New Hampshire Revised Statutes 281-A:29
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- 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
- Employer: with respect to private employment, means:
(a) A person, partnership, association, corporation, or legal representative of a person, partnership, association or corporation who employs one or more persons whether in one or more trades, businesses, professions or occupations and whether in one or more locations. 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
- 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
- Insurance carrier: shall include any corporation licensed to sell insurance in this state from which an employer has obtained a workers' compensation insurance policy in accordance with the provisions of this chapter. 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. Determine the adjusted average weekly wage of the injured employee by applying the percentage determined in paragraph I against the state’s current average weekly wage which is established annually on July 1 for the previous calendar year.
III. Determine the revised weekly rate of compensation by applying the adjusted average weekly wage to the current schedule of benefits under N.H. Rev. Stat. § 281-A:28.
IV. The injured employee shall be entitled to an adjustment in the weekly compensation rate at one year intervals on July 1 in each year with the initial review occurring on or after the third anniversary of the injury.
V. Every insurance carrier or self-insured employer shall be required to report each compensable injury case to the commissioner if total disability payments continue or are expected to continue for 6 months from the date of injury.
VI. Adjustments in weekly benefit rates shall only apply to the provisions of N.H. Rev. Stat. § 281-A:28 and shall not be retroactive from the anniversary date of such review, unless an employee entitled to such adjustment did not receive the amount due because of a mistake, misfortune, or lack of knowledge.