Appeal of Robert Belair

5 Citing cases

  1. Appeal of Margeson

    162 N.H. 273 (N.H. 2011)   Cited 12 times
    Setting forth different tests for causation depending upon nature of the risk

    We will not disturb the CAB's decision absent an error of law, or unless, by a clear preponderance of the evidence, we find it to be unjust or unreasonable. Appeal of Belair, 158 N.H. 273, 276, 965 A.2d 1006 (2009); RSA 541:13 (2007). The appealing party has the burden of demonstrating that the CAB's decision was erroneous.

  2. Appeal of Redimix Companies, Inc.

    969 A.2d 474 (N.H. 2009)   Cited 1 times

    This decision was appealed to the CAB, which upheld it. Redimix moved for rehearing, which the CAB denied, and this appeal followed. We will not disturb the CAB's decision absent an error of law, or unless, by a clear preponderance of the evidence, we find it to be unjust or unreasonable. Appeal of Belair, 158 N.H. 273, 276, 965 A.2d 1006 (2009); RSA 541:13 (2007). The appealing party has the burden of demonstrating that the CAB's decision was erroneous.

  3. Appeal of Professional Fire Fighters of Hudson, IAFF Local 3154

    167 N.H. 46 (N.H. 2014)   Cited 5 times

    Because neither party argues otherwise, we assume, without deciding, that the PELRB would have had jurisdiction to decide such an equitable claim. But seeAppeal of Somersworth School Dist., 142 N.H. 837, 841, 713 A.2d 386 (1998) (recognizing that the PELRB's broad jurisdiction applies only to those matters specifically encompassed by the pertinent statutes, and that those statutes do not give the PELRB the ability to grant all equitable remedies). We recognize that the application of laches, as an equitable doctrine, is a question of fact for the trier of fact to decide in the first instance. SeeAppeal of Belair, 158 N.H. 273, 279, 965 A.2d 1006 (2009). However, we conclude that, on the facts of this case, the issue can be decided as a matter of law.

  4. In re Letellier

    35 A.3d 629 (N.H. 2011)

    The appealing party bears the burden of demonstrating that the CAB's decision was erroneous. Appeal of Belair, 158 N.H. 273, 276, 965 A.2d 1006 (2009). An injury is compensable under the Workers' Compensation Law if it is an “accidental injury ... or occupational disease ... arising out of and in the course of employment....” RSA 281–A:2, XI (2010).

  5. Appeal of Michael Langenfeld

    160 N.H. 85 (N.H. 2010)   Cited 8 times
    Noting that "[t]he interpretation of a court order is a question of law"

    Id. Additionally, we construe the workers' compensation statute liberally, resolving all reasonable doubts in statutory construction in favor of the injured employee in order to give the broadest reasonable effect to its remedial purpose. Appeal of Belair, 158 N.H. 273, 276, 965 A.2d 1006 (2009). “As a general rule, the rights and liabilities of the parties in a workers' compensation case are determined by the law in effect on the date of the injury.” Appeal of Silk, 156 N.H. 539, 541, 937 A.2d 900 (2007).