Eric G. Falkenham
I regularly appear before the New Hampshire Department of Labor, the New Hampshire Workers’ Compensation Appeals Board, and the New Hampshire Supreme Court, helping companies solve problems with workers’ compensation law. My expertise has qualified me to serve a three-year term on the New Hampshire Workers’ Compensation Appeals Advisory Board, and I have chaired the Workers’ Compensation Section of the New Hampshire Bar. Organizers of workers’ compensation seminars often invite me to speak.
 
I have represented employers ranging from sole proprietors to multi-national corporations. Most of my practice is devoted to representing employers and insurance carriers who face questionable workers’ compensation claims. In one of several groundbreaking New Hampshire Supreme Court cases, the Court ruled that New Hampshire homeowners are not liable to the uninsured employees of subcontractors injured during a home construction project. In another case, the Court upheld legislation protecting employers from claims for athletic activity injuries.
 
My wife and I are avid golfers. I enjoy hitting the slopes, too, and captain Devine Millimet’s ski team.

Representative Matters

  • Handled the NH Supreme Court Case which held NH homeowners are not  liable to the uninsured employees  of subcontractors injured during a home construction project.
  • Handled the heart attack case, which led to legislation protecting employers from claims for injuries resulting from athletic activities on employer premises.
  • Argued before the New Hampshire Supreme Court the Case of Appeal of Kraft Foods in which the Court upheld the legislation protecting employers from claims for athletic activity injuries.
  • Argued before the New Hampshire Supreme Court the Case of Appeal of Fillion, which upheld the finality of lump sum settlements on permanent impairment issues.

Speaking Engagements

  • Devine, Millimet & Branch: Independent Medical Examinations and Workers' Compensation Law.
  • New Hampshire Insurance Adjusters Association Seminar: Working with the Employer on Return to Work and Second Injury Fund Issues.
  • Devine, Millimet & Branch: Insurance Law Summer Seminar: Multi-Line Liability and Workers' Compensation Program.
  • Lorman Education Services: New Hampshire Return to Work Issues And Workers' Compensation: Return to Work Requirements: Rights and Responsibilities and State of the Law Regarding Aggravation/Recurrence, Cumulative Trauma, and RSA 281-A:46.
  • Council on Education in Management: Workers' Comp Update 2002: Reducing Workers' Compensation Costs Through Effective Return to Work and Modified Duty and Practices.
  • Eleventh Annual Spring Education Seminar, New Hampshire Insurance Adjusters Association: Single Traumas, Cumulative Traumas, Occupational Disease, And Heart Attack Injuries.
  • Tenth Annual Continuing Education Conference, New Hampshire Adjusters Association: Workers' Compensation, Temporary Alternative Duty.
  • Council on Education in Management: Workers' Comp Update 2001: Reducing Workers' Comp Costs Through Effective Return to Work and Modified Duty Policies and Practices; Workers' Comp 101 - A Guide to Managing Workers' Compensation Claims in New Hampshire.
  • National Business Institute, Inc.: Counseling the Small Business Client in New Hampshire: Workers' Compensation And the Small Business.

Community Involvement

  • Department of Transportation Appeals Board, Member


We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.


            Services & Industries

            Dispute Resolution & Litigation

            Insurance Defense

            Workers' Compensation

            Bar Admissions

            New Hampshire

            Education

            George Washington University, JD, 1985

            Hobart College, BA, cum laude, 1982

            Awards & Affiliations

            Included in The Best Lawyers in America© for his work in Workers' Compensation Law - Employers since 2021

            BV® "Distinguished" rating by Martindale-Hubbell


            Workers' Compensation Appeals Advisory Board, past Member

            New Hampshire Bar Association Legislative Committee, Member

            New Hampshire Bar Association, past Chair of Workers' Compensation Section

            New Hampshire Transportation Appeals Board, Chair