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Committee reviews proposal to restore workers’ comp indemnity to 66⅔%; department and insurers warn of filing timing
Summary
HB 744 would raise wage replacement for injured workers from 60% to 66⅔% of average weekly wage; the committee heard admin and actuarial guidance and recessed the item for more detailed costing and draft language.
The committee heard testimony on HB 744, a bill that would restore New Hampshire’s workers’ compensation wage‑replacement rate from 60% back to 66 2/3% of average weekly wage. Advocates framed the measure as restoring benefits reduced in earlier reforms; employer and actuarial witnesses raised questions about premium impacts and timing.
Deputy Commissioner Danielle Albert said the Department of Labor is neutral on policy but can administer the change; she recommended technical edits so the higher percentage would apply consistently to temporary and permanent total disability and to partial disability sections that currently still reflect 60%. The department said the change would affect weekly compensation calculations, permanency award math and cost‑of‑living adjustment formulas.
NCCI and the insurance department said they could price the change, but that it would require either a mid‑year (out‑of‑cycle) filing if the change became effective soon, or inclusion in the next annual loss‑cost filing (January 1, 2026) if the effective date were set then. The insurance department’s actuary estimated the bill would likely lead to a small, single‑digit premium increase for employers and recommended an effective date of 2026‑01‑01 to avoid market disruption.
The committee asked NCCI to prepare detailed loss‑cost estimates for the proposed change and agreed to reconvene when the department and insurers return with numbers; legislators discussed the prospect of applying the change prospectively to injuries occurring on or after the effective date rather than retroactively.
Ending: Committee recessed the HB 744 discussion pending actuarial estimates and a clarified amendment that would apply the new percentage consistently across affected RSA sections and specify prospective application (e.g., 2026‑01‑01).
