CHAPTER Lab 1600 WORKERS’ COMPENSATION APPEALS ADVISORY BOARD
Statutory Authority:
RSA 281-A:42-aa
PART Lab 1601 PURPOSE
Lab 1601.01 Statement
of Purpose. This chapter sets forth
the procedures and forms for carrying out the provisions of RSA 281-A:42-aa
pertaining to the workers’ compensation appeals advisory board.
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PART Lab 1602 DEFINITIONS
Lab 1602.01
“Advisory board” means the compensation appeals advisory board as
established by RSA 281-A:42-aa.
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Lab 1602.02
“Candidate” means a prospective member or a current member whose term is
expiring.
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Lab 1602.03
“Commissioner” means the labor commissioner.
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Lab 1602.04
“Department” means the
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Lab 1602.05
“Compensation appeals board” means the workers’ compensation appeals
board as established by RSA 281-A:42-a.
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10-23-15 (from 1602.04)
PART Lab 1603
DESCRIPTION OF THE ADVISORY BOARD
Lab 1603.01 Membership. The advisory board shall consist of 5 voting
members appointed in the manner prescribed in RSA 281-A:42-aa, I, and the
commissioner who shall serve as the non-voting chair.
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Lab 1603.02 Term.
(a) Voting members
of the advisory board shall be appointed for a term of 3 years.
(b) No voting member
shall serve for more than 2 consecutive terms.
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PART Lab 1604 DUTIES OF THE ADVISORY BOARD
Lab 1604.01 Duties.
(a) The advisory board
shall meet as needed to perform the following functions:
(1) To evaluate candidate(s) for nomination to a
term as a member of the compensation appeals board;
(2) To submit to the commissioner names of
persons deemed qualified for nomination as members of the compensation appeals
board; and
(3) To receive complaints concerning current
members of the compensation appeals board forwarded to the board by the
commissioner; and.
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Lab 1604.02 Meetings.
(a) The advisory
board shall meet at the offices of the department at the call of the
commissioner.
(b) The commissioner
shall set a date for a meeting and notify the advisory board at least 60 days
prior to the date that the term of a member of the compensation appeals board
is to expire.
(c) Prior to the
meeting of the advisory board to evaluate candidates, the commissioner shall;
(1) Send the anonymous questionnaire, Form
WCAAB-1 (4-2015) in Appendix I, as cited in RSA 281-A:42- aa, IV (d) and Lab
1604.06, to the participants in the appeal process; and
(2) Upon receipt of completed questionnaires, the
commissioner shall forward the questionnaires to the advisory board.
(d) The advisory
board shall meet no later than 45 days prior to the date that the term of a
member of the compensation appeals board is due to expire to evaluate
candidates for the position and make their recommendation to the commissioner.
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Lab 1604.03 Quorum. Three voting members shall constitute quorum
for conducting business.
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Lab 1604.04 Evaluation
of Candidates.
(a) In determining
whether or not a candidate for nomination to a term on the compensation appeals
board should be recommended to the commissioner, the advisory board shall interview new candidates
and review the materials submitted to it, including the resume and personal references of the
candidate to determine:
(1) That the candidate has the necessary
education, 5 years’ experience and knowledge in the area of current workers’
compensation law based
upon their:
a. Knowledge of current workers compensation law;
b. Education in workers compensation law; and
c. Practical
experience in workers compensation law; and
(2) That the candidate has demonstrated the
ability to serve in an unbiased and impartial manner.
(b) In determining whether or not a
candidate for re-nomination to a term on the compensation appeals board should
be recommended to the commissioner, the advisory board, in addition to the
considerations contained in paragraph (a), shall also consider any complaints
or concerns against the candidate that have been filed with the commissioner
pursuant to RSA 281-A: 42-e and Lab 1604.02 (c).
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Lab 1604.05 Voting.
(a) Upon due
consideration and deliberation, the advisory board shall vote based on the criteria noted in
Lab 1604.04 whether or not to recommend a candidate for nomination to the
compensations appeals board.
(b) The vote may be
taken by voice vote or, at the request of the majority of the voting advisory
board members in attendance, by secret ballot.
(c) The vote of a
majority of the voting members of the advisory board shall be the vote of the
board.
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Lab
1604.06 Anonymous Questionnaire.
(a) In the discharge of its duties, the advisory
board shall periodically review the questionnaire,
Form WCAAB-1 (4-2015) in Appendix I, to be distributed to participants involved
in the appeal process, and returned to the advisory board.
(b) The Advisory board shall determine the
content of the questions dealing with issues of conduct of the compensation
appeals board members and fairness of the proceedings without regard to whether
the position advocated by the party was supported or rejected by the
compensation appeals board panel.
(c) If a recipient chooses to complete the
questionnaire, the recipient shall complete and return it by the date indicated
on the form.
(d) The results of the questionnaire shall be one
factor used by the advisory board in the evaluation of candidates who are
members of the compensation appeals board.
(e) The advisory board can request administrative
assistance from the department in the distribution and compilation of the
questionnaire.
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APPENDIX
Rule |
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Lab 1600 |
RSA 281-A:42-a; RSA 281-A:42-aa |