High Court: Payers Must Notify Commissioner of Potential Second Injury Fund Claim

The New Hampshire Supreme Court ruled that employers and carriers seeking reimbursement from the Special Fund for Second Injuries must notify the commissioner of the Department of Labor of a possible claim within 100 weeks from the date of injury. While the high court didn't explicitly describe the elements of proper notice, it reversed a Compensation Appeals Board decision that found department officials should have inferred a claim notice from handwritten memos submitted with benefit payment notices.  "The statute places the onus on the employer or carrier to notify the commi...