New Hampshire Insurance v. Duvall

This proceeding in the nature of a petition for a writ of certiorari is also styled in the alternative as an appeal under RSA ch. 541. The plaintiff insurance companies seek an order temporarily suspending enforcement of an emergency regulation issued by the defendant labor commissioner under RSA 541-A:3 II (Supp. 1973). The regulation purported to implement the provisions of RSA 281:36-b (Supp. 1973) as affected by the “prima facie presumption” enacted by Laws 1973, 506:1 that “heart or lung disease in a firefighter ... is occupationally related .. ..” RSA 281:2 V-a (Supp. 1973). Such…