Worker’s Compensation Appeals Board
Welcome to the State of New Hampshire Department of Labor's Worker’s Compensation Appeals Board hearings request information
Appeals of hearing officers' decisions are heard before the Compensation Appeals Board. This board was established in 1991. Each panel consists of an attorney, a labor representative and a management/insurance representative. The board is administratively attached to the Department of Labor and the members are appointed by the Governor and Council. Appeals are currently scheduled approximately six (6) months from date of request.
An appeal of a Labor Department decision is a de novo appeal. That is, it is a new hearing and new evidence may be submitted. However, no new issues can be added. An exception to this is a consolidated appeal where two separate hearings on the same case have been heard at the Department and the parties or the Department combine the two into a "consolidated" appeal before the Compensation Appeals Board.
Upon receipt of the Department of Labor decision, parties have thirty (30) days from the date of the decision to request an appeal. However, if both parties disagree with the decision there can be cross appeals. For example, the injured employee may have won on the causal aspect of the decision but is not satisfied with the decision on Extent of Disability. The injured employee will appeal. However, if the carrier disagrees with the causal ruling, they too should appeal. In the event that the injured employee should withdraw their appeal, the carrier would still have the option of the appeal on causal. However, the appeal is on all issues heard at the Department of Labor level unless the parties agree to limit the issues.
Prior to assignment of a panel, the Department of Labor screens for conflicts of interest with all parties. Additionally, per Lab 205.07, upon the initiative of a panel member, or by motion of any party, a panel member shall withdraw from the appeal for good cause. Good cause exists if the panel member has a direct interest in the outcome, has made statements or engaged in behavior which objectively demonstrates prejudgment of the facts of the case, or believes that he or she cannot fairly judge the facts of the case. Please call the Director of Workers’ Compensation at (603) 271-8492 with any questions.
Some cases are scheduled for a prehearing conference prior to scheduling of an appeal. The cases usually scheduled for prehearing conferences are those that request over three (3) hours, have multiple carriers, request for consolidated appeals, and cases in which motions have been filed such as a "Motion to Dismiss" for late appeal, etc.
Appeal files are maintained separately from Department of Labor hearing files and are assigned a docket number. All evidence submitted for an appeal hearing must reference the docket number otherwise it will not be placed in the file.