Appeal of Katherine Streeter, 169 N.H. 497

In Dec 2013 Streeter injured her left shoulder at work; employer filed first report and she received conservative treatment and two weeks of indemnity benefits in March 2014.
In April 2014 the carrier filed a Memo of Denial, asserting the condition was degenerative and not causally related to work; Streeter later had shoulder surgery in May and was off work through August 24.
Streeter requested a hearing; the hearing officer found her injury was work-related, awarded medical treatment and indemnity benefits (May 20–Aug 24), and directed counsel to submit fee requests under RSA 281‑A:44.
Counsel received 20% of the retroactive indemnity award under Lab 207.01(a)(1) (causation disputes) and sought additional fees under Lab 207.01(a)(4) (disputes over medical bills/disability subsequent to a case already found compensable).
The hearing officer denied the Lab 207.01(a)(4) fees; the Compensation Appeals Board affirmed, concluding (a)(4) applies only when medical/disability disputes arise after a case has already been found compensable.
Streeter appealed, arguing the carrier’s post‑21‑day payment created a de facto finding of compensability entitling counsel to (a)(4) fees; the Supreme Court affirmed the board.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel is entitled to fees under Lab 207.01(a)(4) (medical bills/disability after case already found compensable)	Streeter: carrier’s voluntary payment after 21 days constituted a de facto finding of compensability, so (a)(4) applies	Garrison: limited two‑week payments do not amount to a de facto finding; causation remained contested and properly decided by the hearing officer	Court: (a)(4) does not apply; the first official finding of compensability was the hearing officer’s award, so counsel is limited to 20% under (a)(1)

Appeal of Phillips, 169 N.H. 177 (2016) (standard of review for Compensation Appeals Board decisions)
Petition of Malisos, 166 N.H. 726 (2014) (statutory interpretation reviewed de novo)
Appeal of Wilson, 161 N.H. 659 (2011) (use plain meaning in statutory construction)
Appeal of Town of Pittsfield, 160 N.H. 604 (2010) (same principles apply to administrative rules)
Appeal of Rose, 146 N.H. 219 (2001) (burden on appellant to show board error)
Appeal of Elliott, 140 N.H. 607 (1996) (voluntary long‑term payments can have same effect as an award)
Coulombe v. Noyes Tire Co., 125 N.H. 765 (1984) (carrier payments over time equate to an agreement tantamount to an award)
Prassas v. Company, 100 N.H. 209 (1956) (final settlements approved by commissioner have same legal effect as awards)