281-A:28-a Compensation for Permanent Total Disability. –
In case of total disability where the employee is unable to engage in gainful employment and the employee has reached maximum medical improvement, permanent benefits shall be payable to the employee during the continuance of such total disability, as follows:
I. If an employee's average weekly wage is 30 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of said employee's weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee's after tax earnings as determined pursuant to RSA 281-A:15.
II. If an employee's average weekly wage is over 30 percent of the state's average weekly wage, weekly compensation shall be 60 percent of the employee's average weekly wage or 30 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined pursuant to RSA 281-A:15. For the purposes of this section, the state's average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.
III. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, gainful employment.