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: New Hampshire Law Blog

No Workers Comp Adjustments with SSI

By David Austin and Jim Burke


The NH Supreme Court has just handed down a decision that says that a person who is receiving Social Security Disability cannot also receive cost of living adjustments for their workers comp benefits.

The case is Appeal of New Hampshire Youth Development Center

In that case the court said:

RSA 281-A:29 plainly states that an "injured employee shall be entitled to an adjustment in the weekly compensation rate" except for "those injuries for which the employee is entitled to benefits under the federal Social Security Act." (Emphasis added.) We interpret this language as providing that if an injured worker is entitled to social security benefits, there is no statutory right to any entitlement under RSA 281-A:29.

So you can only get cost of living adjustments on one or the other not both.

Full post as published by New Hampshire Law Blog on April 06, 2005 (boomark / email).

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