NEW HAMPSHIRE INS. CO. v. DUVALL

No. 7124.

115 N.H. 215 (1975)

NEW HAMPSHIRE INSURANCE COMPANY & a. v. ROBERT M. DUVALL, COMMISSIONER OF LABOR

Supreme Court of New Hampshire.

April 30, 1975.


Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch and E. Donald Dufresne and Michael G. Gfroerer (Mr. Dufresne orally) for the plaintiffs.

Warren B. Rudman, attorney general, and Charles G. Cleaveland, assistant attorney general (Mr. Cleaveland orally), for the State.

Craig, Wenners, Craig & McDowell (Mr. Vincent A. Wenners, Jr. orally) for the intervenors Manchester Firefighters Association, & a.


GRIMES, J.

The basic question presented by this transfer is whether the commissioner of labor may by regulation require, without a fair opportunity for a hearing, payment of workmen's compensation benefits ten days after a firefighter has shown he has a disabling heart or lung disease unless rebutting medical evidence demonstrates that it is not work related. Such regulation was adopted pursuant to RSA 281:2 V-a (Supp. 1973) which provides, in part, that "[t]here...

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