Section Lab 511.01 - Lump Sum Settlement(a) Lump sum settlements of past, present and future weekly indemnity benefits under RSA 281-A:26, 28, 28-a, 31, 31-a, which may also include past, present or future scheduled permanent impairment awards to which the claimant may be entitled under RSA 281-A:32, shall be permitted by RSA 281-A:37, in cases where there have been at least 12 months of continuous disability or the best interest of all concerned will be served.(b) In order to determine if the best interest of all concerned will be served, a hearing in accordance with RSA 281-A:43 shall be scheduled. The hearing officer shall determine if the settlement is approved based on the testimony of the parties.(c) Benefits under RSA 281-A:25, vocational rehabilitation, may also be settled by lump sum under RSA 281-A:37. The portion of the lump sum settlement shall be held in escrow by the carrier and shall be paid to the provider of the vocational rehabilitation services for services incurred by the claimant. The eligible period for vocational rehabilitation benefits following a lump sum settlement shall commence within 6 months after the approval, unless extended by the commissioner.(d) Department approval shall be obtained for a lump sum settlement pursuant to RSA 281-A:37.(e) All medical information shall be filed with the department before lump sum approval will be given.(f) A hearing on a lump sum request shall be held, at which time the department of labor shall inquire into the settlement to be certain that it is a fair resolution of disputes between the parties. The claimant shall be present, in person or telephonically.(g) A written request for a hearing to approve a lump sum settlement shall include: (1) Full identification of the parties and their representatives;(2) The scope and total amount of agreement foreclosing future claim, specifying which provisions of the statute are being settled; and(3) A summary of the reason for settlement consistent with RSA 281-A:37. The reasons shall be specific to the individual claimant.(h) Upon approval of a "Request for Lump Sum Settlement", form 15WCA (10/1999), contained in Appendix II shall be completed, signed and distributed to all parties of interest.N.H. Admin. Code § Lab 511.01
#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
New. #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98 (formerly Lab 510.03 ); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.