reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 405 - Employee injured outside state -- Entitled to compensation -- Limitation of time.

34A-2-405.
Employee injured outside state -- Entitled to compensation -- Limitation of time.
(1) Except as provided in Subsection (2), if an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of employment outside of this state, the employee, or the employee's dependents in case of the employee's death, shall be entitled to compensation according to the law of this state.
(2) This section applies only to those injuries received by the employee within six months after leaving this state, unless prior to the expiration of the six-month period the employer has filed with the division notice that the employer has elected to extend such coverage a greater period of time.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 406 - Exemptions from chapter for employees temporarily in state -- Conditions -- Evidence of insurance.

Effective 12/31/2017
34A-2-406.
Exemptions from chapter for employees temporarily in state -- Conditions -- Evidence of insurance.
(1) Any employee who has been hired in another state and the employee's employer are exempt from this chapter and Chapter 3, Utah Occupational Disease Act, while the employee is temporarily within this state doing work for the employee's employer if:
(a) the employer has furnished workers' compensation insurance coverage under the workers' compensation or similar laws of the other state;
(b) the coverage covers the employee's employment while in this state; and
(c)
(i) the extraterritorial provisions of this chapter and Chapter 3, Utah Occupational Disease Act, are recognized in the other state and employers and employees who are covered in this state are likewise exempted from the application of the workers' compensation or similar laws of the other state; or
(ii) the workers' compensation insurance carrier that provides workers' compensation insurance under Section 31A-22-1001:
(A) is an admitted insurance carrier in the other state; or
(B) has agreements with an insurance carrier and is able to furnish workers' compensation insurance or similar coverage to Utah employers and their subsidiaries or affiliates doing business in the other state.
(2) The benefits under the workers' compensation or similar laws of the other state are the exclusive remedy against an employer for any injury, whether resulting in death or not, received by an employee while working for the employer in this state.
(3) A certificate from an authorized officer of the industrial commission or similar department of the other state certifying that the employer is insured in the other state and has provided extraterritorial coverage insuring the employer's employees while working in this state is prima facie evidence that the employer carries compensation insurance.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 407.5 - Rules regarding treatment protocols and determinations of medical necessity -- Contracts.

34A-2-407.5.
Rules regarding treatment protocols and determinations of medical necessity -- Contracts.
(1) The commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish for purposes of health care goods and services compensable under this chapter and Chapter 3, Utah Occupational Disease Act, reasonable health care treatment protocols, that include determinations of medical necessity, and medical treatment and quality care guidelines that are:
(a) scientifically based;
(b) peer reviewed; and
(c) consistent with any general standards for health care treatment protocols that the commission establishes by rule.
(2) Notwithstanding Subsection (1), the commission may authorize an insurer or employer to use all or part of reasonable health care treatment protocols, that include determinations of medical necessity, and medical treatment and quality care guidelines that are:
(a) scientifically based;
(b) peer reviewed; and
(c) consistent with any general standards for health care treatment protocols that the commission shall establish by rule.
(3) Nothing in this section shall be construed to prevent:
(a) an insurer or employer from contracting with a provider of health services as permitted by Subsection 34A-2-111(2)(c)(i)(B)(VII);
(b) the commission from adjudicating disputes arising under the terms of this section; or
(c) a provider of health services from bringing to the commission a dispute arising under protocols, guidelines, or other terms of this section.
Enacted by Chapter 72, 2013 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 408 - Compensation -- None for first three days after injury unless disability extended.

34A-2-408.
Compensation -- None for first three days after injury unless disability extended.
(1)
(a) Except as provided in Subsections (1)(b) and (2), compensation may not be allowed for the first three days after the injury is received.
(b) The disbursements authorized in this chapter or Chapter 3, Utah Occupational Disease Act, for medical, nurse and hospital services, and for medicines and funeral expenses are payable for the first three days after the injury is received.
(2) If the period of total temporary disability lasts more than 14 days, compensation shall also be payable for the first three days after the injury is received.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 410 - Temporary disability -- Amount of payments -- State average weekly wage defined.

Effective 7/1/2018
34A-2-410.
Temporary disability -- Amount of payments -- State average weekly wage defined.
(1)
(a) Subject to Subsections (1)(b) and (5), in case of temporary disability, so long as the disability is total, the employee shall receive 66-2/3% of that employee's average weekly wages at the time of the injury but:
(i) not more than a maximum of 100% of the state average weekly wage at the time of the injury per week; and
(ii)
(A) subject to Subsections (1)(a)(ii)(B) and (C), not less than a minimum of $45 per week plus:
(I) $20 for a dependent spouse; and
(II) $20 for each dependent child under the age of 18 years, up to a maximum of four dependent children;
(B) not to exceed the average weekly wage of the employee at the time of the injury; and
(C) not to exceed 100% of the state average weekly wage at the time of the injury per week.
(b) In no case shall the compensation benefits exceed 312 weeks at the rate of 100% of the state average weekly wage at the time of the injury over a period of 12 years from the date of the injury.
(2) If a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be paid.
(3) The "state average weekly wage" as referred to in this chapter and Chapter 3, Utah Occupational Disease Act, shall be determined by the commission as follows:
(a) On or before June 1 of each year, the total wages reported on contribution reports to the Unemployment Insurance Division for the preceding calendar year shall be divided by the average monthly number of insured workers determined by dividing the total insured workers reported for the preceding year by 12.
(b) The average annual wage obtained under Subsection (3)(a) shall be divided by 52.
(c) The average weekly wage determined under Subsection (3)(b) is rounded to the nearest dollar.
(4) The state average weekly wage determined under Subsection (3) shall be used as the basis for computing the maximum compensation rate for:
(a) injuries or disabilities arising from occupational disease that occurred during the 12-month period commencing July 1 following the June 1 determination; and
(b) any death resulting from the injuries or disabilities arising from occupational disease.
(5) The commission may reduce or terminate temporary disability compensation in accordance with Section 34A-2-410.5.
Amended by Chapter 451, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 411 - Temporary partial disability -- Amount of payments.

Effective 7/1/2018
34A-2-411.
Temporary partial disability -- Amount of payments.
(1) If the injury causes temporary partial disability for work, the employee shall receive weekly compensation equal to:
(a) 66-2/3% of the difference between the employee's average weekly wages before the accident and the weekly wages the employee is able to earn after the accident, but not more than 100% of the state average weekly wage at the time of injury; plus
(b) $20 for a dependent spouse and $20 for each dependent child under the age of 18 years, up to a maximum of four such dependent children, but only up to a total weekly compensation that does not exceed 100% of the state average weekly wage at the time of injury.
(2) The commission may order an award for temporary partial disability for work at any time prior to 12 years after the date of the injury to an employee:
(a) whose physical condition resulting from the injury is not finally healed and fixed 12 years after the date of injury; and
(b) who files an application for hearing under Section 34A-2-417.
(3) The duration of weekly payments may not exceed 312 weeks nor continue more than 12 years after the date of the injury. Payments shall terminate when the disability ends or the injured employee dies.
Amended by Chapter 451, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 415 - Increase of benefits to a dependent -- Effect of death, marriage, majority, or termination of dependency of children -- Death, divorce, or remarriage of spouse.

34A-2-415.
Increase of benefits to a dependent -- Effect of death, marriage, majority, or termination of dependency of children -- Death, divorce, or remarriage of spouse.
If a benefit is made to, or increased because of a dependent spouse or dependent minor child, as provided in this chapter or Chapter 3, Utah Occupational Disease Act, the benefit or increase in amount of the benefit shall cease on the day on which:
(1) a minor child:
(a) dies;
(b) marries;
(c) becomes 18 years of age; or
(d) is no longer dependent; or
(2) the spouse of the employee:
(a) dies;
(b) divorces the employee; or
(c) subject to Section 34A-2-414 relative to the remarriage of a spouse, remarries.
Amended by Chapter 90, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 416 - Additional benefits in special cases.

Effective 5/10/2016
34A-2-416.
Additional benefits in special cases.
Benefits received by a wholly dependent person under this chapter or Chapter 3, Utah Occupational Disease Act, extend indefinitely if at the termination of the benefits:
(1) the wholly dependent person is still in a dependent condition; and
(2) under all reasonable circumstances the wholly dependent person should be entitled to additional benefits.
Amended by Chapter 235, 2016 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 418 - Awards -- Medical, nursing, hospital, and burial expenses -- Artificial means and appliances.

Effective 5/3/2023
34A-2-418.
Awards -- Medical, nursing, hospital, and burial expenses -- Artificial means and appliances.
(1) In addition to the compensation provided in this chapter or Chapter 3, Utah Occupational Disease Act, and subject to Subsection 34A-2-407(11), the employer or the insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for medicines, and for artificial means, appliances, and prostheses necessary to treat the injured employee.
(2) The employer and the insurance carrier are not required to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in Section 26B-4-201.
(3) If death results from the injury, the employer or the insurance carrier shall pay the burial expenses in ordinary cases as established by rule.
(4) If a compensable accident results in the breaking of or loss of an employee's artificial means or appliance including eyeglasses, the employer or insurance carrier shall provide a replacement of the artificial means or appliance.
(5) An administrative law judge may require the employer or insurance carrier to maintain the artificial means or appliances or provide the employee with a replacement of any artificial means or appliance for the reason of breakage, wear and tear, deterioration, or obsolescence.
(6) An administrative law judge may, in unusual cases, order, as the administrative law judge considers just and proper, the payment of additional sums:
(a) for burial expenses; or
(b) to provide for artificial means or appliances.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 421 - Lump-sum payments.

34A-2-421.
Lump-sum payments.
An administrative law judge, under special circumstances and when the same is deemed advisable, may commute periodic benefits to one or more lump-sum payments.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 423 - Survival of claim in case of death.

34A-2-423.
Survival of claim in case of death.
(1) As used in this section:
(a) "Estate" is as defined in Section 75-1-201.
(b) "Personal representative" is as defined in Section 75-1-201.
(2) The personal representative of the estate of an employee may adjudicate an employee's claim for compensation under this chapter if in accordance with this chapter, the employee files a claim:
(a) before the employee dies; and
(b) for compensation for an industrial accident or occupational disease for which compensation is payable under this chapter or Chapter 3, Utah Occupational Disease Act.
(3) If the commission finds that the employee is entitled to compensation under this chapter for the claim described in Subsection (2)(a), the commission shall order that compensation be paid for the period:
(a) beginning on the day on which the employee is entitled to receive compensation under this chapter; and
(b) ending on the day on which the employee dies.
(4)
(a) Compensation awarded under Subsection (3) shall be paid to:
(i) if the employee has one or more dependents on the day on which the employee dies, to the dependents of the employee; or
(ii) if the employee has no dependents on the day on which the employee dies, to the estate of the employee.
(b) The commission may apportion any compensation paid to dependents under this Subsection (4) in the manner that the commission considers just and equitable.
(5) If an employee that files a claim under this chapter dies from the industrial accident or occupational disease that is the basis of the employee's claim, the compensation awarded under this section shall be in addition to death benefits awarded in accordance with Section 34A-2-414.
Enacted by Chapter 67, 2003 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 4 - Compensation and Benefits › Section 424 - Prescribing policies for certain opioid prescriptions.

Effective 5/9/2017
34A-2-424.
Prescribing policies for certain opioid prescriptions.
(1) This section applies to a person regulated by this chapter or Chapter 3, Utah Occupational Disease Act.
(2) A self-insured employer, as that term is defined in Section 34A-2-201.5, an insurance carrier, and a managed health care program under Section 34A-2-111 may implement a prescribing policy for certain opioid prescriptions in accordance with Section 31A-22-615.5.
Enacted by Chapter 53, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 501 - Definitions.

Effective 5/9/2017
34A-2-501.
Definitions.
(1) "Harmful industrial noise" means:
(a) sound that results in acoustic trauma such as sudden instantaneous temporary noise or impulsive or impact noise exceeding 140 dB peak sound pressure levels; or
(b) the sound emanating from equipment and machines during employment exceeding the following permissible sound levels, dBA slow response, and corresponding durations per day, in hours:
Sound levelDuration
908
926
954
973
1002
1021.5
1051.0
1100.5
1150.25 or less
(2) "Loss of hearing" means binaural hearing loss measured in decibels with frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz). If the average decibel loss at 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) is 25 decibels or less, usually no loss of hearing exists.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 502 - Intensity tests.

34A-2-502.
Intensity tests.
(1) The commission may conduct tests to determine the intensity of noise at places of employment.
(2) An administrative law judge may consider tests conducted by the commission, and any other tests taken by authorities in the field of sound engineering, as evidence of harmful industrial noise.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 503 - Loss of hearing -- Occupational hearing loss due to noise to be compensated.

34A-2-503.
Loss of hearing -- Occupational hearing loss due to noise to be compensated.
(1) Permanent hearing loss caused by exposure to harmful industrial noise or by direct head injury shall be compensated according to the terms and conditions of this chapter or Chapter 3, Utah Occupational Disease Act.
(2) A claim for compensation for hearing loss for harmful industrial noise may not be paid under this chapter or Chapter 3, Utah Occupational Disease Act, unless it can be demonstrated by a professionally controlled sound test that the employee has been exposed to harmful industrial noise as defined in Section 34A-2-501 while employed by the employer against whom the claim is made.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 504 - Hearing loss -- Extent of employer's liability.

Effective 5/9/2017
34A-2-504.
Hearing loss -- Extent of employer's liability.
(1) An employer is liable only for the hearing loss of an employee that arises out of and in the course of the employee's employment for that employer.
(2) If previous occupational hearing loss or nonoccupational hearing loss is established by competent evidence, the employer may not be liable for the prior hearing loss so established, whether or not compensation has previously been paid or awarded. The employer is liable only for the difference between the percentage of hearing loss presently established and that percentage of prior hearing loss established by preemployment audiogram or other competent evidence.
(3) The date for compensation for occupational hearing loss shall be determined by the date of direct head injury or the last date when harmful industrial noise contributed substantially in causing the hearing loss.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 505 - Loss of hearing -- Compensation for permanent partial disability.

34A-2-505.
Loss of hearing -- Compensation for permanent partial disability.
(1) Compensation for permanent partial disability for binaural hearing loss shall be determined by multiplying the percentage of binaural hearing loss by 109 weeks of compensation benefits as provided in this chapter or Chapter 3, Utah Occupational Disease Act.
(2) When an employee files one or more claims for hearing loss the percentage of hearing loss previously found to exist shall be deducted from any subsequent award by the commission.
(3) In no event shall compensation benefits be paid for total or 100% binaural hearing loss exceeding 109 weeks of compensation benefits.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 506 - Loss of hearing -- Time for filing claim.

34A-2-506.
Loss of hearing -- Time for filing claim.
An employee's occupational hearing loss shall be reported to the employer pursuant to Section 34A-2-407 within 180 days of the date the employee:
(1) first suffered altered hearing; and
(2) knew, or in the exercise of reasonable diligence should have known, that the hearing loss was caused by employment.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 5 - Industrial Noise › Section 507 - Measuring hearing loss.

34A-2-507.
Measuring hearing loss.
(1) The degree of hearing loss shall be established, no sooner than six weeks after termination of exposure to the harmful industrial noise, by audiometric determination of hearing threshold level performed by medical or paramedical professionals recognized by the commission, as measured from 0 decibels on an audiometer calibrated to ANSI-S3.6-1969, American National Standard "Specifications for Audiometers" (1969).
(2)
(a) In any evaluation of occupational hearing loss, only hearing levels at frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) shall be considered. The individual measurements for each ear shall be added together and then shall be divided by four to determine the average decibel loss in each ear.
(b) To determine the percentage of hearing loss in each ear, the average decibel loss for each decibel of loss exceeding 25 decibels shall be multiplied by 1.5% up to the maximum of 100% which is reached at 91.7 decibels.
(3) Binaural hearing loss or the percentage of binaural hearing loss is determined by:
(a) multiplying the percentage of hearing loss in the better ear by five;
(b) adding the amount under Subsection (3)(a) with the percentage of hearing loss in the poorer ear; and
(c) dividing the number calculated under Subsection (3)(b) by six.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 6 - Medical Evaluations › Section 602 - Physical examinations.

34A-2-602.
Physical examinations.
(1) The division or an administrative law judge may require an employee claiming the right to receive compensation under this chapter to submit to a medical examination at any time, and from time to time, at a place reasonably convenient for the employee, and as may be provided by the rules of the commission.
(2) If an employee refuses to submit to an examination under Subsection (1), or obstructs the examination, the employee's right to have the employee's claim for compensation considered, if the employee's claim is pending before an administrative law judge, commissioner, or Appeals Board, or to receive any payments for compensation theretofore granted by a final order of the commission, shall be suspended during the period of the refusal or obstruction.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 6 - Medical Evaluations › Section 603 - Autopsy in death cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit -- Liability.

34A-2-603.
Autopsy in death cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit -- Liability.
(1)
(a) On the filing of a claim for compensation for death under this chapter or Chapter 3, Utah Occupational Disease Act, when, in the opinion of the commissioner or the commissioner's designee it is necessary to accurately and scientifically ascertain the cause of death, an autopsy may be ordered by the commissioner or the commissioner's designee.
(b) The commissioner or the commissioner's designee shall:
(i) designate the certified pathologist to make the autopsy; and
(ii) determine who shall pay the charge of the certified pathologist making the autopsy.
(2) Any person interested may designate a duly licensed physician to attend the autopsy ordered under Subsection (1).
(3) The findings of the certified pathologist performing the autopsy shall be filed with the commission.
(4) All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit such autopsy when ordered under Subsection (1).
(5) When an autopsy has been performed pursuant to an order of the commissioner or the commissioner's designee no cause of action shall lie against any person, firm, or corporation for participating in or requesting the autopsy.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 6 - Medical Evaluations › Section 604 - Employee leaving place of treatment.

34A-2-604.
Employee leaving place of treatment.
(1) An injured employee who desires to leave the locality in which the employee has been employed during the treatment of the employee's injury, or to leave this state, shall:
(a) report to the employee's attending physician for examination;
(b) notify the division in writing of the intention to leave; and
(c) accompany the notice with a certificate from the attending physician setting forth:
(i) the exact nature of the injury;
(ii) the condition of the employee; and
(iii) a statement of the probable length of time disability will continue.
(2) An employee may leave the locality in which the employee was employed only after:
(a) complying with Subsection (1); and
(b) receiving the written consent of the division.
(3) If an employee does not comply with this section, compensation may not be allowed during the absence.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 7 - Funds › Section 705 - Industrial Accident Restricted Account.

Effective 5/4/2022
34A-2-705.
Industrial Accident Restricted Account.
(1) As used in this section:
(a) "Account" means the Industrial Accident Restricted Account created by this section.
(b) "Advisory council" means the state workers' compensation advisory council created under Section 34A-2-107.
(2) There is created in the General Fund a restricted account known as the "Industrial Accident Restricted Account."
(3)
(a) The account is funded from:
(i) .5% of the premium income remitted to the state treasurer and credited to the account pursuant to Subsection 59-9-101(2)(c)(iv); and
(ii) amounts deposited under Section 34A-2-1003.
(b) If the balance in the account exceeds $500,000 at the close of a fiscal year, the excess shall be transferred to the Uninsured Employers' Fund created under Section 34A-2-704.
(4)
(a) From money appropriated by the Legislature from the account to the commission and subject to the requirements of this section, the commission may fund:
(i) the activities of the Division of Industrial Accidents described in Section 34A-1-202;
(ii) the activities of the Division of Adjudication described in Section 34A-1-202; and
(iii) the activities of the commission described in Section 34A-2-1005.
(b) The money deposited in the account may not be used for a purpose other than a purpose described in this Subsection (4), including an administrative cost or another activity of the commission unrelated to the account.
(5)
(a) Each year before the public hearing required by Subsection 59-9-101(2)(d)(i), the commission shall report to the advisory council regarding:
(i) the commission's budget request to the governor for the next fiscal year related to:
(A) the Division of Industrial Accidents; and
(B) the Division of Adjudication;
(ii) the expenditures of the commission for the fiscal year in which the commission is reporting related to:
(A) the Division of Industrial Accidents; and
(B) the Division of Adjudication;
(iii) revenues generated from the premium assessment under Section 59-9-101 on an admitted insurer writing workers' compensation insurance in this state and on a self-insured employer under Section 34A-2-202; and
(iv) money deposited under Section 34A-2-1003.
(b) The commission shall annually report to the governor and the Legislature regarding:
(i) the use of the money appropriated to the commission under this section;
(ii) revenues generated from the premium assessment under Section 59-9-101 on an admitted insurer writing workers' compensation insurance in this state and on a self-insured employer under Section 34A-2-202; and
(iii) money deposited under Section 34A-2-1003.
Amended by Chapter 32, 2022 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 7 - Funds › Section 706 - Investment of Employers' Reinsurance Fund and Uninsured Employers' Fund.

Effective 5/8/2018
34A-2-706.
Investment of Employers' Reinsurance Fund and Uninsured Employers' Fund.
(1) The state treasurer shall invest the assets of the Employers' Reinsurance Fund created under Section 34A-2-702 and the Uninsured Employers' Fund created under Section 34A-2-704 with the primary goal of providing for the stability, income, and growth of the principal.
(2) Nothing in this section requires a specific outcome in investing.
(3) The state treasurer may deduct any administrative costs incurred in managing fund assets from earnings before distributing the earnings.
(4)
(a) The state treasurer may employ professional asset managers to assist in the investment of the assets of the funds.
(b) The treasurer may only provide compensation to asset managers from earnings generated by the funds' investments.
(5)
(a) The state treasurer shall invest and manage the assets of the funds as a prudent investor would by:
(i) considering the purposes, terms, distribution requirements, and other circumstances of the funds; and
(ii) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
(b) In determining whether the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:
(i) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
(ii) evaluate the state treasurer's investment and management decisions respecting individual assets:
(A) not in isolation, but in the context of a fund portfolio as a whole; and
(B) as a part of an overall investment strategy that has risk and return objectives reasonably suited to the funds.
Enacted by Chapter 207, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 8 - Adjudication › Section 802 - Rules of evidence and procedure before commission -- Admissible evidence.

34A-2-802.
Rules of evidence and procedure before commission -- Admissible evidence.
(1) The commission, the commissioner, an administrative law judge, or the Appeals Board, is not bound by the usual common law or statutory rules of evidence, or by any technical or formal rules or procedure, other than as provided in this section or as adopted by the commission pursuant to this chapter and Chapter 3, Utah Occupational Disease Act. The commission may make its investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of the chapter.
(2) The commission may receive as evidence and use as proof of any fact in dispute all evidence considered material and relevant including the following:
(a) depositions and sworn testimony presented in open hearings;
(b) reports of attending or examining physicians, or of pathologists;
(c) reports of investigators appointed by the commission;
(d) reports of employers, including copies of time sheets, book accounts, or other records; or
(e) hospital records in the case of an injured or diseased employee.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 8 - Adjudication › Section 803 - Violation of judgments, orders, decrees, or provisions of chapter -- Grade of offense.

Effective 5/8/2018
34A-2-803.
Violation of judgments, orders, decrees, or provisions of chapter -- Grade of offense.
(1) An employer, employee, or other person is guilty of a class B misdemeanor if that employer, employee, or other person violates this chapter or Chapter 3, Utah Occupational Disease Act, including:
(a) doing any act prohibited by this chapter or Chapter 3, Utah Occupational Disease Act;
(b) failing or refusing to perform any duty lawfully imposed under this chapter or Chapter 3, Utah Occupational Disease Act; or
(c) failing, neglecting, or refusing to obey any lawful order given or made by the commission, or any judgment or decree made by any court in connection with the provisions of this chapter or Chapter 3, Utah Occupational Disease Act.
(2) Every day during which any person fails to observe and comply with any order of the commission, or to perform any duty imposed by this chapter or Chapter 3, Utah Occupational Disease Act, is a separate and distinct offense.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 9 - Presumptions For Emergency Medical Services Providers › Section 901 - Workers' compensation presumption for emergency medical services providers.

34A-2-901.
Workers' compensation presumption for emergency medical services providers.
(1) An emergency medical services provider who claims to have contracted a disease, as defined by Section 78B-8-401, as a result of a significant exposure in the performance of his duties as an emergency medical services provider, is presumed to have contracted the disease by accident during the course of his duties as an emergency medical services provider if:
(a) his employment or service as an emergency medical services provider in this state commenced prior to July 1, 1988, and he tests positive for a disease during the tenure of his employment or service, or within three months after termination of his employment or service; or
(b) the individual's employment or service as an emergency medical services provider in this state commenced on or after July 1, 1988, and he tests negative for any disease at the time his employment or service commenced, and again three months later, and he subsequently tests positive during the tenure of his employment or service, or within three months after termination of his employment or service.
(2) Each emergency medical services agency shall inform the emergency medical services providers that it employs or utilizes of the provisions and benefits of this section at commencement of and termination of employment or service.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 9 - Presumptions For Emergency Medical Services Providers › Section 902 - Workers' compensation claims by emergency medical services providers -- Time limits.

34A-2-902.
Workers' compensation claims by emergency medical services providers -- Time limits.
(1) For all purposes of establishing a workers' compensation claim, the "date of accident" is presumed to be the date on which an emergency medical services provider first tests positive for a disease, as defined in Section 78B-8-401. However, for purposes of establishing the rate of workers' compensation benefits under Subsection 34A-2-702(5), if a positive test for a disease occurs within three months after termination of employment, the last date of employment is presumed to be the "date of accident."
(2) The time limits prescribed by Section 34A-2-417 do not apply to an employee whose disability is due to a disease, so long as the employee who claims to have suffered a significant exposure in the service of his employer gives notice, as required by Section 34A-3-108, of the "date of accident."
(3) Any claim for workers' compensation benefits or medical expenses shall be filed with the Division of Adjudication of the Labor Commission within one year after the date on which the employee first acquires a disability or requires medical treatment for a disease, or within one year after the termination of employment as an emergency medical services provider, whichever occurs later.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 9 - Presumptions For Emergency Medical Services Providers › Section 903 - Failure to be tested -- Time limit for death benefits.

34A-2-903.
Failure to be tested -- Time limit for death benefits.
(1) An emergency medical services provider who refuses or fails to be tested in accordance with Section 34A-2-901 is not entitled to any of the presumptions provided by this part.
(2) Death benefits payable under Section 34A-2-702 are payable only if it can be established by competent evidence that death was a consequence of or result of the disease and, notwithstanding Subsection 34A-2-702(5), that death occurred within six years from the date the employee first acquired a disability or required medical treatment for the disease that caused the employee's death.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 9 - Presumptions For Emergency Medical Services Providers › Section 904 - Volunteer emergency medical services providers -- Workers' compensation premiums.

34A-2-904.
Volunteer emergency medical services providers -- Workers' compensation premiums.
(1) For purposes of receiving workers' compensation benefits, any person performing the services of an emergency medical services provider is considered an employee of the entity for whom it provides those services.
(2)
(a) With regard to emergency medical services providers who perform those services for minimal or no compensation on a volunteer basis, and who are primarily employed other than as emergency medical services providers, the amount of workers' compensation benefits shall be based on that primary employment. Any excess premiums necessary for workers' compensation shall be paid by the entity that utilized that individual as an emergency medical services provider.
(b) With regard to emergency medical services providers who perform those services for minimal or no compensation or on a volunteer basis, and who have no other employment, the amount of workers' compensation benefits shall be the minimum benefit. Any premium necessary for workers' compensation shall be paid by the entity that utilizes that individual as an emergency medical services provider.
(3) Workers' compensation benefits are the exclusive remedy for all injuries and occupational diseases, as provided by Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act. However, emergency medical services providers described in Subsection (2) are not precluded from utilizing insurance benefits provided by a primary employer, or any other insurance benefits, in addition to workers' compensation benefits.
Renumbered and Amended by Chapter 243, 2005 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 9 - Presumptions For Emergency Medical Services Providers › Section 905 - Rulemaking authority -- Rebuttable presumption.

34A-2-905.
Rulemaking authority -- Rebuttable presumption.
(1) The Labor Commission has authority to establish rules necessary for the purposes of this part.
(2) The presumption provided by this part is a rebuttable presumption.
Renumbered and Amended by Chapter 243, 2005 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 10 - Workers' Compensation Coverage Waivers Act › Section 1002 - Definitions.

34A-2-1002.
Definitions.
As used in this part:
(1) "Business entity" means:
(a) a sole proprietorship;
(b) a corporation;
(c) a partnership;
(d) a limited liability company; or
(e) an entity similar to one described in Subsections (1)(a) through (d).
(2) "Waiver" means a workers' compensation coverage waiver issued under this part.
Enacted by Chapter 328, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 10 - Workers' Compensation Coverage Waivers Act › Section 1003 - Issuance of a waiver.

Effective 5/9/2017
34A-2-1003.
Issuance of a waiver.
(1) The commission shall issue a workers' compensation coverage waiver to a business entity that:
(a) elects not to include an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Section 34A-2-103 and Subsection 34A-2-104(3) or (4);
(b) employs no other employee on the day on which the commission issues the waiver to the business entity;
(c) provides to the commission the information required by Section 34A-2-1004; and
(d) pays a fee established by the commission in accordance with Section 63J-1-504, except that the fee may not exceed $50.
(2)
(a) A waiver issued under this section expires one year from the day on which it is issued unless renewed by the holder of the waiver.
(b) To renew a waiver issued under this part, the holder of the waiver shall:
(i) employ no other employee on the day on which the commission renews the waiver;
(ii) provide to the commission the information required by Section 34A-2-1004; and
(iii) pay a fee established by the commission in accordance with Section 63J-1-504, except that the fee may not exceed $50.
(3) As of the day on which a business entity described in Subsection (1) employs an employee other than an owner, partner, or corporate officer or director described in Subsection (1)(a):
(a) the business entity's waiver is invalid; and
(b) the business entity is required to provide workers' compensation coverage for that employee in accordance with Section 34A-2-201.
(4) The commission shall deposit a fee collected under this section in the Industrial Accident Restricted Account created in Section 34A-2-705.
(5) Unless invalidated under Section 34A-2-1005, notwithstanding the other provisions of this section, a waiver issued by an insurer that is valid on June 30, 2011, remains valid until its expiration date.
Amended by Chapter 146, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 10 - Workers' Compensation Coverage Waivers Act › Section 1004 - Information required to obtain a waiver.

Effective 5/9/2017
34A-2-1004.
Information required to obtain a waiver.
To obtain or renew a waiver, a business entity shall submit to the commission:
(1) a copy of two or more of the following:
(a) the business entity's federal or state income tax return that shows business income for the complete taxable year that immediately precedes the day on which the business entity submits the information;
(b) a valid business license;
(c) a license to engage in an occupation or profession, including a license under Title 58, Occupations and Professions; or
(d) documentation of an active liability insurance policy that covers the business entity's activities; or
(2) a copy of one item listed in Subsection (1) and a copy of two or more of the following:
(a) proof of a bank account for the business entity;
(b) proof that for the business entity there is:
(i) a telephone number; and
(ii) a physical location; or
(c) an advertisement of services showing the business entity's name and contact information:
(i) in a newspaper of general circulation;
(ii) in a telephone directory;
(iii) on a website or social media; or
(iv) in a trade magazine.
Amended by Chapter 146, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 2 - Workers' Compensation Act › Part 10 - Workers' Compensation Coverage Waivers Act › Section 1005 - Enforcement.

34A-2-1005.
Enforcement.
(1) The commission may investigate a business entity to determine whether the business entity validly elects to not cover an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Section 34A-2-103.
(2) If the commission determines that a business entity's election as provided in this section is invalid, the commission may:
(a) prohibit a business entity from using a waiver obtained under this part; and
(b) take any action provided for under this chapter or Chapter 3, Utah Occupational Disease Act, for failure to obtain workers' compensation coverage for an employee.
Enacted by Chapter 328, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 101 - Title -- Definitions.

34A-3-101.
Title -- Definitions.
(1) This chapter is known as the "Utah Occupational Disease Act."
(2) For purposes of this chapter, "division" means the Division of Industrial Accidents.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 102 - Chapter to be administered by commission -- Exclusive remedy.

Effective 5/13/2014
34A-3-102.
Chapter to be administered by commission -- Exclusive remedy.
(1) The commission shall administer this chapter through the division, the Division of Adjudication, and the Appeals Board in accordance with Section 34A-2-112.
(2) Subject to the limitations provided in this chapter and, unless otherwise noted, all provisions of Chapter 2, Workers' Compensation Act, are incorporated into this chapter and shall be applied to occupational disease claims.
(3) The right to recover compensation under this chapter for diseases or injuries to health sustained by a Utah employee is the exclusive remedy as outlined in Section 34A-2-105.
Amended by Chapter 286, 2014 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 103 - Occupational diseases.

34A-3-103.
Occupational diseases.
For purposes of this chapter, a compensable occupational disease means any disease or illness that arises out of and in the course of employment and is medically caused or aggravated by that employment.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 104 - Employer liability for compensation.

34A-3-104.
Employer liability for compensation.
(1) Every employer is liable for the payment of disability and medical benefits to every employee who acquires a disability, or death benefits to the dependents of any employee who dies, by reason of an occupational disease under the terms of this chapter.
(2) Compensation may not be paid when the last day of injurious exposure of the employee to the hazards of the occupational disease occurred before 1941.
Amended by Chapter 297, 2011 General Session
Amended by Chapter 366, 2011 General Session