282-A:26-a Return to Work Program Participants; Workers' Compensation Eligibility. –
I. A participant in the department of employment security's return to work program shall be entitled to certain benefits under RSA 281-A. In the event that it is determined that a return to work program participant has been subject to an injury or occupational disease producing a disability arising out of and in the course of participation in the return to work program, the department of employment security shall not provide compensation pursuant to RSA 281-A:28, 281-A:28-a, 281-A:31, and 281-A:31-a. However, a participant, who has been deemed eligible for unemployment compensation shall receive such benefits while otherwise eligible under RSA 282-A, or compensation equivalent to 90 percent of his or her weekly unemployment compensation benefit amount if the disability causes the participant to become ineligible for benefits under RSA 282-A.
II. When determining the amount of compensation provided pursuant to RSA 281-A:32 for a scheduled permanent impairment award, the amount of compensation shall be calculated by using the minimum wage at the time of injury multiplied by the average number of hours in training per week.
III. For a participant in the return to work program, RSA 281-A:8, I and II shall not apply and the following provisions shall apply:
(a) A participant in the return to work program shall be conclusively presumed to have accepted the provisions of this chapter and, on behalf of the participant or the participant's personal or legal representatives, to have waived all rights of action whether at common law or by statute or provided under the laws of any other state or otherwise:
(1) Against the employer/training partner, or the employer/training partner's insurance carrier, or an association or group providing self-insurance to a number of employers, or the department and the return to work program; and
(2) Except for intentional torts, against any officer, director, agent, servant, or employee acting on behalf of the entities named in subparagraph (a)(1).
(b) The spouse of a return to work program participant entitled to benefits under this chapter, or any other person who might otherwise be entitled to recover damages on account of the participant's personal injury or death, shall have no direct action, either at common law or by statute or otherwise, to recover for such damages against any person identified in this paragraph.
IV. The department of employment security may provide this benefit by appropriate means including purchasing and serving as the master policyholder for any insurance, by self-insurance, or by administrative services contract.
V. Except as otherwise provided in this section, all other provisions of RSA 281-A shall apply.
Source. 2010, 145:3, eff. June 14, 2010. 2011, 82:2, eff. July 1, 2011.