New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 200 - DEPARTMENT OF LABOR HEARINGS
Part Lab 207 - AWARD OF FEES AND INTEREST
Section Lab 207.02 - Award for Fees and Interest at Compensation Appeals Board Hearings

Universal Citation: NH Admin Rules Lab 207.02

Current through Register No. 40, October 3, 2024

(a) If the claimant prevails in a contested case appealed to the board, the employer shall pay the claimant reasonable attorneys' fees and costs and interest on unpaid benefits at the rate specified by statute.

(b) The claimant or his attorney shall file a request for the payment of attorneys' fees or interest no later than 60 days after the board has issued its decision in the case or ruled on any motions for rehearing.

(c) If the employer appeals a decision of a hearing officer and prior to the appeal hearing, withdraws that appeal, the employer shall pay reasonable attorney's fees and costs to the employee for preparing for the appeal hearing, unless the parties have reached a lump sum settlement of the case or have otherwise agreed to address the fee issue.

(d) The request shall be as follows:

(1) Requests for approval of an award of attorney's fees and costs pursuant to RSA 281-A:44, shall be submitted with an original and 3 copies to the compensation appeals board. Such requests shall include an itemization of time, costs, and expenses expended in pursuit of the claim before the compensation appeals board, including professional language interpreters as well as a copy of the fee agreement with the claimant, and

(2) Interest shall be computed from the date of injury where compensability is in dispute in the first instance, and benefits have not been paid, or from the date of termination or reduction of benefits where the degree of disability is in dispute or where benefits were terminated or reduced for some other reason. Interest payments shall be computed on indemnity and permanency awards, excluding medical bills, except when they have been paid out of pocket by the claimant.

#8922-B, eff 7-1-07; ss by #9877, eff 2-25-11

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