Section 281-A:29 - Adjusted Total Disability BenefitsFor 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 RSA 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 RSA 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. 1988, 194:2, eff. July 1, 1989.