Title 34A, Utah Labor Code

34A-2-414. Benefits in case of death -- Distribution of award to dependents -- Death of dependents -- Remarriage of surviving spouse. (1)(a) Subject to the other provisions of this section, benefits in case of death of an employee shall be paid to one or more of the dependents of…

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…

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 condi…

34A-2-417. Claims and benefits -- Time limits for filing -- Burden of proof. (1)(a) Except with respect to prosthetic devices or in a permanent total disability case, an employee is entitled to be compensated for a medical expense if: (i) the medical expense is: (A) reasonable in…

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 insuranc…

34A-2-419. Agreements in addition to compensation and benefits. (1)(a) Subject to the approval of the division, any employer securing the payment of workers' compensation benefits for its employees under Section 34A-2-201 may enter into or continue any agreement with the employer…

34A-2-420. Continuing jurisdiction of commission -- No authority to change statutes of limitation -- Authority to destroy records -- Interest on award -- Authority to approve final settlement claims. (1)(a) The powers and jurisdiction of the commission over each case is continuin…

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.

34A-2-422. Compensation exempt from execution -- Transfer of payment rights. (1) For purposes of this section: (a) "Payment rights under workers' compensation" means the right to receive compensation under this chapter or Chapter 3, Utah Occupational Disease Act, including the pa…

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 c…

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 m…

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 du…

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…

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…

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 …

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…

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 reasonabl…

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 professional…

34A-2-601. Medical panel, director, or consultant -- Findings and reports -- Objections to report -- Hearing -- Expenses. (1)(a) The Division of Adjudication may refer the medical aspects of a case described in this Subsection (1)(a) to a medical panel appointed by an administrat…

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 …

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…

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 exa…

34A-2-701. Premium assessment restricted account for safety. (1) There is created in the General Fund a restricted account known as the "Workplace Safety Account." (2)(a) An amount equal to 0.25% of the premium income remitted to the state treasurer pursuant to Subsection 59-9-10…

34A-2-702. Employers' Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents. (1)(a) There is created an Employers' Reinsurance Fund for the purpose of making a payment for an industrial accident or occupational disease occurring on or before June 3…

34A-2-703. Payments from Employers' Reinsurance Fund. If an employee, who has at least a 10% whole person permanent impairment from any cause or origin, subsequently incurs an additional impairment by an accident arising out of and in the course of the employee's employment durin…

34A-2-704. Uninsured Employers' Fund. (1)(a) There is created an Uninsured Employers' Fund. The Uninsured Employers' Fund has the purpose of assisting in the payment of workers' compensation benefits to a person entitled to the benefits, if: (i) that person's employer: (A) is ind…

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. (…

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 primar…

34A-2-801. Initiating adjudicative proceedings -- Procedure for review of administrative action. (1)(a) To contest an action of the employee's employer or its insurance carrier concerning a compensable industrial accident or occupational disease alleged by the employee or a depen…

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 o…

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 Diseas…

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…

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 positi…

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 S…

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…

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.