I. There is established a compensation appeals board. Until January 1, 2024, the board shall consist of a pool of 33 members, of which 11 members shall represent labor, 11 members shall represent employers or workers’ compensation insurers and 11 members shall be attorneys who shall be neutral. On January 1, 2024, the commissioner shall identify 2 seats from each of the 3 sectors that are vacant or of an expired term, and eliminate those seats, reducing the entire pool to 27 members in total. Members of the board shall be appointed by the governor and council from a list of nominees submitted by the commissioner. The commissioner shall submit at least 2 nominees for each vacancy to be filled. Any person appointed by the governor and council who is not qualified or who ceases to be qualified in the capacity in which such person is serving on the appeals board shall be replaced by the governor and council. Terms of board members shall be 3 years, except the initial appointments shall be staggered so that no more than 1/3 of the members’ terms shall expire in the same year. Members of the board shall have at least 5 years’ experience in the area of workers’ compensation or human resources or administrative law. As a condition to maintaining eligibility to hear appeals, board members shall have at least 10 hours annually of training and briefing in the area of workers’ compensation and relevant disciplines. The commissioner, or designee, with the assistance of the attorney general’s staff shall supervise and approve the training. The commissioner shall have the authority to suspend the eligibility of any member of the board who is not in compliance with such annual training requirements, and to reinstate such member’s eligibility upon compliance. The commissioner may suspend from active participation any board member who fails to render a decision or order within 30 days of the hearing as required by N.H. Rev. Stat. § 281-A:43, I(b). The commissioner may rescind the suspension once the board member is in compliance with N.H. Rev. Stat. § 281-A:43, I(b). Appeals from a decision of the commissioner or the commissioner’s representative shall be heard de novo by a 3-member panel, composed of an attorney who shall serve as chair, one member representing labor and one member representing employers or workers’ compensation insurers. At least 2 like votes shall be necessary for a decision by the panel. The board shall hear appeals, in accordance with N.H. Rev. Stat. § 281-A:43, I(b), from the decisions of the commissioner made pursuant to N.H. Rev. Stat. § 281-A:43. No person who is an interested party or an employee of an interested party shall participate as a member of the panel. The board shall conduct its proceedings in such a manner as to ensure a fair and impartial hearing.
II. The board shall be an administratively attached agency under N.H. Rev. Stat. § 21-G:10, to the department of labor, but shall operate independently from the department.
III. Attorney members of the board shall receive $400 per diem and all other members of the board shall each receive $250 per diem for each day devoted to the work of the board and shall be reimbursed for necessary travel expenses. Said per diems shall be prorated to an hourly basis using 7.5 hours per day for other related work performed by board members.
IV. The commissioner shall appoint an administrator from existing full-time staff for the board who shall serve at the pleasure of the commissioner. The administrator shall perform all the administrative duties of the board, including but not limited to scheduling the docket, providing the liaison between the public and the board members, conducting the meetings of the board, and assigning committees to address regulatory, legislative and policy issues.