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Appeal of Routhier3/5/1999
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors in order that corrections may be made before the opinion goes to press. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.state.nh.us/courts/supreme.htm
Compensation Appeals Board
(New Hampshire Compensation Appeals Board)
The petitioner, Richard Routhier, appeals an order by the New Hampshire Compensation Appeals Board (board) denying him workers' compensation benefits under a homeowner's insurance policy. We affirm.
The petitioner is the sole proprietor of a cleaning business. On November 1, 1995, the petitioner went to the home of Wayne and Vera Young to perform certain household services. After washing an outside window, the petitioner fell from a ladder and suffered a spinal cord injury that left him partially paralyzed. Neither the petitioner nor his business carried workers' compensation insurance.
The petitioner filed a claim for workers' compensation benefits under the Youngs' homeowner's insurance policy. The homeowner's policy, issued by Commercial Union Insurance Company (Commercial Union), contained an endorsement that provided workers' compensation insurance for "domestics." See RSA 281-A:6 (Supp. 1998). Commercial Union denied the claim based on the absence of an employer-employee relationship between the Youngs and the petitioner. After following the necessary procedural requirements, the petitioner filed this appeal from an order of the board ruling that the petitioner was not entitled to workers' compensation benefits.
On appeal, the petitioner argues that he is a domestic entitled to workers' compensation benefits pursuant to RSA 281-A:6. Further, he argues that even if he is not entitled to workers' compensation benefits under RSA chapter 281-A (Supp. 1998) (amended 1998), he falls within the workers' compensation coverage provided by the Youngs' homeowner's policy.
"We will uphold an order of the board unless it is erroneous as a matter of law or the claimant has demonstrated that the order is unjust or unreasonable." Appeal of Gelinas, 142 N.H. 295, 297, 700 A.2d 870, 871 (1997). We have consistently held that "the rights and remedies of parties under the workers' compensation law . . . are purely statutory." Rooney v. Fireman's Fund Ins. Co., 138 N.H. 637, 638, 645 A.2d 52, 53 (1994) (citation and quotation omitted). "This court is the final arbiter of the intent of the legislature as expressed in the words of a statute considered as a whole, and when the issue raised presents a new question of statutory construction, we begin our analysis with an examination of the statutory language." Atwood v. Owens, 142 N.H. 396, 398, 702 A.2d 333, 335 (1997) (quotation omitted). When interpreting legislative intent from a statute as written, "we will not consider what the legislature might have said or add words that the legislature did not include." Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994). "Where the statutory language is ambiguous or where more than one reasonable interpretation exists, we review legislative history to aid in our analysis." K & J Assoc. v. City of Lebanon, 142 N.H. 331, 332, 703 A.2d 253, 254 (1997).
We begin our analysis by examining RSA 281-A:6, which provides:
"Notwithstanding any other provision of this chapter, of title XXXVII, or of any other l
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