New Hampshire Revised Statutes 281-A:46 – Payment Pending Determination of Coverage; Establishing Liability for Benefits
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I. If an employee‘s right to compensation, other benefits, or both, under this chapter is not in dispute either as to eligibility or amount, but a dispute arises between successive employers or between successive insurance carriers for the same employer regarding liability for benefits, the commissioner, following notice to all interested parties and hearing, shall enter an order setting forth the liability of an employer or insurance carrier for the payment of compensation, other benefits, or both, in the first instance. The employer or insurance carrier ruled liable shall immediately start payment pending final determination. The commissioner may make such orders for the deposit of security as may be necessary. When the issue of liability is finally determined, either the commissioner or the court in which the issue is finally resolved shall enter an order making such financial adjustment as may be appropriate in order to effectuate the decision.
II. Except as provided in N.H. Rev. Stat. § 281-A:54, if compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease, and any insurance carrier on the risk at the time such employee was last so exposed, shall alone be liable for that compensation without a right to contribution from any prior employer or insurance carrier.
III. Except as provided in N.H. Rev. Stat. § 281-A:54, if compensation is payable for an injury, other than an occupational disease, which aggravates a preexisting physical condition, the employer in whose employment the employee sustained the most recent injurious incident and any insurance carrier on the risk when such injurious incident occurred, shall alone be liable for any benefit allowable under this chapter without a right to contribution from any prior employer or insurance carrier.
II. Except as provided in N.H. Rev. Stat. § 281-A:54, if compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease, and any insurance carrier on the risk at the time such employee was last so exposed, shall alone be liable for that compensation without a right to contribution from any prior employer or insurance carrier.
Terms Used In New Hampshire Revised Statutes 281-A:46
- 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
- Occupational disease: means an injury arising out of and in the course of the employee's employment and due to causes and conditions characteristic of and peculiar to the particular trade, occupation or employment. See New Hampshire Revised Statutes 281-A:2
III. Except as provided in N.H. Rev. Stat. § 281-A:54, if compensation is payable for an injury, other than an occupational disease, which aggravates a preexisting physical condition, the employer in whose employment the employee sustained the most recent injurious incident and any insurance carrier on the risk when such injurious incident occurred, shall alone be liable for any benefit allowable under this chapter without a right to contribution from any prior employer or insurance carrier.