1. (a) A party to a hearing or appeal who, after due notice of hearing, fails to be present or fails to obtain a continuance shall, unless excused for good cause shown, be subject to either:

   1. (1) The entry of an adverse decision;
   2. (2) A decision by default; or
   3. (3) Dismissal of a petition for hearing and award.
2. (b) If a hearing concludes before the non-appearing party arrives, the non-appearing party shall not be allowed to submit testimony or evidence in the matter.
3. (c) A party shall be declared to have failed to be present when that party has not arrived or contacted the labor commissioner, the labor commissioner’s designee, or board as applicable as to the reason for being late within 15 minutes after the scheduled start time of the hearing.
4. (d) Any party to whom notice has been forwarded but fails to appear may within 30 days of the written decision, petition to have the default stricken. The default shall be stricken and the case reopened if the labor commissioner, the labor commissioner’s designee, or board as applicable determines there was good cause for failing to appear.

5. (e) Good cause shall include:

   1. (1) Serious illness;
   2. (2) Hospitalization;
   3. (3) Incarceration;
   4. (4) Death of a family member;
   5. (5) Severe weather; or
   6. (6) Any other unforeseeable circumstance beyond the party’s control, that justifies the party’s absence from the scheduled hearing.
6. (f) Any party who is unable to appear due to good cause shall make reasonable effort to notify the labor commissioner, the labor commissioner’s designee, or board as applicable and all other parties prior to the hearing. If necessary, the party shall make a request for continuance as outlined in Lab 203.05.
7. (g) Prior to issuing an adverse decision, decision by default, or dismissal of a petition pursuant to Lab 204.04(a), the labor commissioner, the labor commissioner’s designee, or board as applicable shall require that the party submit such evidence as the labor commissioner, labor commissioner’s designee, or board as applicable deems necessary to make a ruling or decision.
8. (h) In accordance with the provisions of RSA 281-A:43, I(a), unless the absence of a party to a workers’ compensation hearing is excused for good cause as provided in (e), above, that party shall be barred from any further action concerning an adverse decision, decision by default, or dismissal of the petition for hearing and award.

Source. (See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26