Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Workers Compensation Notifications topic
No spam. Unsubscribe anytime.
Bill would require employers to tell injured workers how much they may owe while on workers' comp
Summary
Senate Bill 169 would require employers who provide supplemental pay to workers on indemnity to give written, periodic breakdowns of payments and anticipated adjustments so employees can budget and avoid surprise repayment demands.
Senate Bill 169 would require employers who make supplemental or supplemental-like payments for workers on indemnity to provide injured employees with written breakdowns of payments, anticipated adjustments and payment options. The requirement would apply within 30 days of injury and every 30 days while the supplemental payments continue.
Supporters, including the Professional Firefighters in New Hampshire, framed the bill as a transparency measure designed to avoid surprise repayment demands. Tyler Govaine, director of government and political affairs for the Professional Firefighters in New Hampshire, told the committee the bill "seeks to provide greater transparency and financial certainty for employees receiving workers' compensation indemnity benefits." He cited an example where a firefighter returned from leave and was presented with an $18,000 repayment demand.
Testimony showed disagreement about what the bill would cover and how overpayments are recouped. Deputy Commissioner Danielle Albert of the Department of Labor said the department is neutral on the bill and noted the term "supplemental pay" is not defined in the workers' compensation statute; she suggested the committee consider clearer definitions and a requirement that employers file a copy of the notice with the department if the intent is to facilitate regulatory oversight.
Witnesses including employers and human-resources consultants described typical mechanics: employers sometimes continue benefit payments (insurer pays indemnity but the employer keeps insurance premium payments, retirement contributions or voluntary deductions in place), creating an overlap that can lead to a later demand for repayment when a carrier determines benefits do not cover a given period or when the employer seeks reimbursement. Testimony also noted that other statutory mechanisms (for example, RSA 2:75 dealing with payroll deductions and overpayments) present additional constraints and rights that must be considered.
Committee action: At executive session the committee voted 10-9 to report the bill Inexpedient to Legislate (ITL).
