Title 39, Title 39

(1) Pneumoconiosis is an occupational disease that is compensable under this part. However, any benefits granted a claimant under this chapter for pneumoconiosis must be reduced, but not below zero, by an amount equal to the benefits granted the claimant under any program under f…

A person receiving compensation or benefits under chapter 73 of this title is not entitled to compensation or benefits under this chapter.

(1) A petition to reopen medical benefits that terminate under 39-71-704(1)(f) must be reviewed as provided in this section. (2) Medical benefits may be reopened only if the worker's medical condition is a direct result of the compensable injury or occupational disease and requir…

(1) (a) If an injured employee dies and the injury was the proximate cause of the death, the beneficiary of the deceased is entitled to the same compensation as though the death occurred immediately following the injury. A beneficiary's eligibility for benefits commences after th…

The question as to who constitutes a beneficiary shall be determined as of the date of the happening of the accident to the employee, whether death shall immediately result therefrom or not.

Compensation that is due to beneficiaries must be paid to the surviving spouse, if any, or if none, divided equally among or for the benefit of the children. In cases in which beneficiaries are a surviving spouse and stepchildren of the spouse, the compensation must be divided eq…

(1) Before payment of compensation to a beneficiary who is not residing within the United States, satisfactory proof of the relationship as to constitute a beneficiary under this chapter must be furnished by the beneficiary, authenticated under seal of an officer of a court of la…

There must be paid, in case of the death of an employee whose death is the result of an accidental injury arising out of the employment and happening in the course of the employment, the reasonable burial expenses of the employee not exceeding $10,000. The payment is not a part o…

If the employee dies from some cause other than the injury, there is no liability for compensation after the death.

(1) For payment of prescription drugs, an insurer is liable only for the purchase of generic-name drugs if the generic-name product is the therapeutic equivalent of the brand-name drug prescribed by the physician, unless the generic-name drug is unavailable. (2) If an injured wor…

(1) (a) Except as provided in subsection (1)(c), compensation may not be paid for the first 32 hours or 4 days of loss of wages, whichever is less, that the worker is totally disabled and unable to work because of an injury. A worker is eligible for compensation starting with the…

Compensation must run consecutively and not concurrently, and payment may not be made for two classes of disability over the same period, except that impairment awards and auxiliary rehabilitation benefits may be paid concurrently with other classes of benefits.

If aggravation, diminution, or termination of disability takes place or is discovered after the rate of compensation is established or compensation is terminated in any case where the maximum payments for disabilities as provided in this chapter are not reached, adjustments may b…

All payments of compensation as provided in this chapter shall be made at the end of each 2-week period, except as otherwise provided herein.

(1) By written agreement, a claimant and an insurer may convert benefits under this chapter in whole or in part into a lump sum. An agreement that settles a claim for any type of benefit is subject to department approval as provided in subsection (2). Lump-sum advances and paymen…

(1) A payment due to a child under 18 years of age or to a person adjudged incompetent must be made to the parent, the appointed guardian, the appointed conservator, or the appointed benefits administrator, and the written receipt for the payment must acquit the employer, the ins…

(1) Payments under this chapter are not assignable, subject to attachment or garnishment, or held liable in any way for debts, except: (a) as provided in 71-3-1118; (b) a portion of any lump-sum award or periodic payment to pay a monetary obligation for current or past-due child …

(1) Except as provided in subsection (2), a claimant is not eligible for disability or rehabilitation compensation benefits while the claimant is incarcerated for a period exceeding 30 days in a correctional institution or jail as the result of conviction of a felony or a misdeme…

(1) (a) A plan No. 1 or plan No. 2 insurer shall designate whether an employer, as defined in 7-33-4510, is to use actual volunteer hours or a flat assumed payroll amount for each volunteer firefighter for calculating premiums. The coverage option must be the same for all fire ag…

As used in this part, the following definitions apply: (1) "Certificate" means documentation issued by the department to an individual who is a person with a disability. (2) "Fund" means the subsequent injury fund in the proprietary fund category. (3) "Person with a disability" m…

When a person with a disability receives an injury, as defined in 39-71-119, the procedure provided in this chapter applies to all proceedings under this part, except when specifically otherwise provided.

The department shall promulgate rules for certification of persons with disabilities.

(1) A person who wishes to be certified as a person with a disability for purposes of this part shall apply to the department on forms furnished by the department. The department shall conduct an investigation and shall issue a certificate to a person who, in the department's dis…

(1) A person certified as having a physical or mental disability that constitutes or results in a substantial impediment to employment who receives an injury, as defined in 39-71-119, that results in death or disability must be paid compensation in the manner and to the extent pr…

Not less than 90 or more than 150 days before the expiration of 104 weeks after the date of injury, the insurer shall notify the fund whether it is likely that compensation may be payable beyond a period of 104 weeks after the date of the injury. The fund thereafter may review, a…

If the fund does not notify the insurer of its intent to dispute the payment of compensation, medical, and burial benefits, the insurer shall continue to make payments on behalf of the fund and shall be reimbursed by the fund for all benefits paid in excess of the insurer's liabi…

Except as provided in 39-71-909 and 39-71-920, the obligation imposed by this part on the insurer to make payments on behalf of the fund does not impose an independent liability on the insurer.

After the right to reimbursement has been established, reimbursement payment shall be made promptly on a proper showing every 6 months.

(1) As used in this section, "paid losses" means the following benefits paid during the preceding calendar year for injuries covered by the Workers' Compensation Act without regard to the application of any deductible, regardless of whether the employer or the insurer pays the lo…

An insurer that uses an employer's claims costs experience as a factor that influences the amount of premium charged to that particular employer by using an experience modification factor or similar rating technique may not base that factor on those claims costs that are reimburs…

(1) Petitions for compromise settlements that potentially involve payments from the fund must have written concurrence by an authorized representative of the fund prior to submission for department approval. (2) The failure to receive written concurrence from the fund's represent…