Section Jus 605.12 - Reimbursement of the Fund By Claimants(a) Seeking to recover damages through instituting a civil suit shall neither be required of claimants nor shall it be a bar to an award of compensation from the fund under Jus 600.(b) As a condition for applying for and accepting any award of compensation from the fund under Jus 600, the claimant shall agree to: (1) Upon the filing of a civil suit to recover damages, immediately notify and provide a copy of such filing to the commission and the department;(2) Provide the commission and the department with copies of all potentially dispositive pleadings and all interim and final orders of the court hearing the suit;(3) Immediately notify the commission and department of the receipt of any payment for damages, injury or economic loss from any source; and(4) Within 30 days of receipt of payment pursuant to (b)(3) above, reimburse the fund, through the department.(c) Reimbursement pursuant to (b)(4) above shall be in an amount equal to the lesser of: (1) The actual amount of compensation awarded by the commission;(2) The amount of such payment received from a collateral financial source; or(3) The net amount of the civil suit judgment after deducting all fees and costs associated with the civil action.N.H. Admin. Code § Jus 605.12
Renumbered by 605.11 Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.