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New Hampshire Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: when you have surgery for workers comp one year after DOI is your rate of loss wages based on DOI or current wages?
Michael Levin
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Michael Levin
answered on Oct 12, 2024

It depends whether you were working in the year following the injury. If you were unable to work after your DOI, then your rate of pay is based on your wages from before you were injured. However, if you worked after your DOI (presumably up until your surgery), then your rate of pay is based on... View More

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: I rolled my ankle at work resulting in a break and severe sprain. Worker’s Comp is saying it’s not compensable

I work at a hospital. After making a bed, I turned, rolled my ankle resulting in the fracture and sprain. Workers Comp has paid for my ER visit and first Ortho MD visit but doesn’t want to pay for any further care. Do I have a case for appeal?

Michael Levin
PREMIUM
Michael Levin
answered on Jun 9, 2024

Yes, of course! If you suffered an injury at work, then WC has to take care of you in terms of lost wages and medical care until you are able to return to work. Use Justia's "Find a lawyer" tab to find someone near you.

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: During an IME DOES THE DOCTOR HAVE A RIGHT TO THE WITNESS NOTES

Witness for injured person

Michael Levin
PREMIUM
Michael Levin
answered on Apr 12, 2022

Great question. No, the IME doctor is there to do an exam and send their report to the workers

comp. insurance. That's it. You have the right to have a witness with you. The doctor has no right to see what the witness writes down. Whether those notes would be admissible in...
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1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: Do I legally have to work with the Nurse Case Manager assigned to my Worker's Compensation case in New Hampshire?

I suffered a work injury in 2019. I've just now been assigned a Nurse Case Manager two years later.

Michael Levin
PREMIUM
Michael Levin
answered on Jan 4, 2022

In short, no, you don't have to work with an NCM. You can politely tell them thank you, but no thank you. If you're going to go that route, you should also make sure your doctors are aware that you don't want them communicating with the NCM either.

That said, NCM's...
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1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for New Hampshire on
Q: when i return to work from workmans comp do i get the my same positon i had when i left?. i live in newhampshire thank
Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

If you had a reduction in pay due to being out comp has to make that up. But contact a member of the NH Assn for Justice because they give free consults and you want to know what to do to protect yourself

1 Answer | Asked in Personal Injury and Workers' Compensation for New Hampshire on
Q: I fell on black ice in my employer's parking lot reporting to work and fractured my patella. Is that WC or civil?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

This is a great question and there is much case law interpreting the issue both ways. If you were reporting to work but had not punched in yet it may be considered a personal injury because you had not started work yet, but if you were coming back from lunch or a break it could be considered... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for New Hampshire on
Q: Will I lose my workers comp case if I have surgery before it has been approved?
Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2017

Don't see that you would but a serious injury like that with possible scar tissue in the future you should have an attorney who handles comp, and you should ask them. If you don't, look for a member of the NH Assn for Justice who handles comp--they give free consults.

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: Can my witness be my lawyer?
Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

Depends on what you mean for witness. Generally if a lawyer will be appearing and providing testimony, they cannot represent you. But if he is a witness to another issue that may be different.

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: What does ADR stand for?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2010

ADR means Alternative Dispute Resolution. Examples of ADR are arbitration, which is binding, and mediation, which is not.

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