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To provide transitional or temporary alternatives to normal employment activities for employees who have been released to lighter duties than their current occupation requires.
Alternative Work Opportunities
All employers with five or more employees shall develop temporary alternative work opportunities for injured employees. The Commissioner shall adopt rules under RSA 541-A relative to the administration of this section.
Development of Temporary Alternative Work
The Second Injury Fund, created in 1975, offers carriers and employers an opportunity to limit their workers' compensation liability in cases where a "handicapped" worker becomes disabled from an on-the-job injury. The handicap (defined in the law as a "pre-existing, permanent physical or mental impairment") may be of any type or causeŚcongenital, injury or disease, work related or not. It must, however, be permanent and serious enough to constitute a hindrance or obstacle to the worker in obtaining employment.
The employer must have written documentation of the pre-existing condition at the time of hire or retention. The insurance carrier or self-insured must put the Second Injury Fund on notice within 100 weeks of the date of injury.
The physician must provide an opinion that the combination of the pre-existing condition and the work related injury resulted in a greater disability than would have been caused by the subsequent injury alone.
In order to be eligible for reimbursement, the injury must be accepted by Primex3, and the treating physician must prescribe, in writing, the necessary modification which will allow the employee to return to work or continue to work. The employer must obtain an estimate of the cost of the modification. The estimate, the doctor's note, and the Request for Job Modification Plan Approval must be submitted to the NH Department of Labor, 95 Pleasant Street, Concord, NH 03301. Reimbursement will not be approved if the job modification is purchased prior to the NH Department of Labor's preliminary approval of the Job Modification Plan.
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