Title 34A, Title 34A: Utah Labor Code

34A-2-603. Autopsy in death cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit -- Liability. (1) On the filing of a claim for compensation for death under this chapter or, when, in the opinion of the commissioner or the commissioner's designee…

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: report to the employee's attending physician for examina…

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) An amount equal to 0.25% of the premium income remitted to the state treasurer pursuant to Subsectionshall be de…

34A-2-702. Employers' Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents. (1) 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 30, …

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) 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: that person's employer: is individually, …

34A-2-705. Industrial Accident Restricted Account. (1) As used in this section: "Account" means the Industrial Accident Restricted Account created by this section. "Advisory council" means the state workers' compensation advisory council created under Section. 34A-2-107 (2) There…

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 Sectionand the Uninsured Employers' Fund created under Sectionwith the primary goal of providing fo…

34A-2-801. Initiating adjudicative proceedings -- Procedure for review of administrative action. (1) 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 dependen…

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, including: Chapter 3, Utah Occupat…

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, as a result of a significant exposure in the performance of his duties as an emergency…

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 Sectionis not entitled to any of the presumptions provided by this part. 34A-2-901 (2) Death benefits payable under Se…

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.

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. "Fire and rescue training program" means the program described in Section. 53H-4-705 "Firefi…

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 thi…

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.

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 th…

34A-3-105. Last employer liable -- Exception. (1) Except as provided in Subsection, the extent compensation is payable under this chapter for an occupational disease which arises out of and in the course of an employee's employment for more than one employer, the only employer li…

34A-3-106. Mental stress claims. (1) Physical, mental, or emotional diseases related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee's …

34A-3-107. Benefits -- Disability compensation, death, medical, hospital, and burial expenses -- Procedure and payments. (1) The benefits to which an employee with a disability or the employee's dependents are entitled under this chapter shall be based upon the employee's average…

34A-3-108. Reporting of occupational diseases -- Regulation of health care providers. (1) An employee sustaining an occupational disease, as defined in this chapter, arising out of and in the course of employment shall provide notification to the employee's employer promptly of t…

34A-3-109. Limitations -- Rights barred if not filed within limits -- Burden of proof. (1) The limitation of rights regarding medical benefits provided in Subsectiondoes not apply to compensable occupational diseases under the terms of this chapter. 34A-2-417(1) (2) A claim descr…

34A-3-110. Occupational disease aggravated by other diseases. The compensation payable under this chapter shall be reduced and limited to the proportion of the compensation that would be payable if the occupational disease were the sole cause of disability or death, as the occupa…

34A-3-111. Compensation not additional to that provided for accidents. The compensation provided under this chapter is not in addition to compensation that may be payable under, and in all cases when injury results by reason of an accident arising out of and in the course of empl…

34A-3-112. Employee's willful misconduct. (1) Notwithstanding anything contained in this chapter, an employee or dependent of any employee is not entitled to receive compensation for disability or death from an occupational disease when the disability or death, wholly or in part,…

34A-3-113. Presumption of workers' compensation benefits for firefighters -- Study. (1) If a firefighter who is diagnosed with a presumptive cancer meets the requirements of Subsection, there is a rebuttable presumption that the presumptive cancer was contracted arising out of an…

34A-3-114. Cancer screening for public firefighters. (1) The Rocky Mountain Center for Occupational and Environmental Health shall offer a firefighter working for a public fire department, or a public firefighting organization, a cancer screening after seven years but before eigh…

34A-3-201. Definitions. (1) As used in this part: "COVID-19" means the disease caused by severe acute respiratory syndrome coronavirus 2. "First responder" means: a first responder as defined in Section; 34A-2-102 an individual employed by: a health care facility as defined in Se…

34A-3-202. Workers' compensation presumption for first responders. (1) A first responder who claims to have contracted COVID-19 during the performance of the first responder's duties as a first responder, is presumed to have contracted COVID-19 during the course of performing the…

34A-3-203. Workers' compensation claims. (1) This part applies to a claim resulting from an exposure arising out of and in the course of a first responder's employment or service on or after March 21, 2020, and before June 1, 2021. (2) For purposes of establishing a workers' comp…

34A-3-204. Failure to be tested -- Rebuttable presumption. (1) A first responder who refuses examination for COVID-19 or fails to be diagnosed with COVID-19 is not entitled to the presumption established under this part. (2) The presumption established under this part may be rebu…

34A-3-205. Determining employers of first responders -- Volunteer first responders -- Workers' compensation premiums. (1) For purposes of receiving workers' compensation benefits, a first responder performing the services of a first responder is considered an employee of an entit…

34A-3-206. Rulemaking authority. The commission may make rules in accordance with, to carry out the provisions of this part.

34A-4-101. Who entitled. (1) Certain miners with a disability meeting the requirements of Sectionshall be entitled to, and shall receive, the free hospital and medical service provided for in this chapter. 34A-4-102 (2) Notwithstanding Subsection, in the event occupational diseas…

34A-4-102. Application for benefits. To be entitled to the free hospital and medical service provided for in Section, a miner with a disability applying for benefits shall be required to establish under oath the following facts, which shall be conditions precedent to the granting…

34A-5-101. Title. This chapter shall be known as the "Utah Antidiscrimination Act."

34A-5-102. Definitions -- Unincorporated entities -- Joint employers -- Franchisors. (1) As used in this chapter: "Affiliate" means the same as that term is defined in Section. 16-6a-102 "Apprenticeship" means a program for the training of apprentices including a program providin…

34A-5-102.5. Supremacy over local regulations -- No special class created for other purposes. (1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political sub…

34A-5-102.7. Nonseverability. , is the result of the Legislature's balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by, is held invalid in a final judgment by a court of last resort, the re…

34A-5-104. Powers. (1) The commission has jurisdiction over the subject of employment practices and discrimination made unlawful by this chapter. The commission may adopt, publish, amend, and rescind rules, consistent with, and for the enforcement of this chapter. (2) The divisio…

34A-5-106. Discriminatory or prohibited employment practices -- Permitted practices. (1) It is a discriminatory or prohibited employment practice to take an action described in Subsectionsthrough. (1)(a) (g) An employer may not refuse to hire, promote, discharge, demote, or termi…

34A-5-107. Procedure for aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement -- Reconsideration -- Determination. (1) A person claiming to be aggrieved by a discriminatory or prohibited employment practice may, or that person's attorney or a…

34A-5-108. Judicial enforcement of division findings. (1) The commission or the attorney general at the request of the commission shall commence an action under Sectionfor civil enforcement of a final order of the commission issued under Sectionif: 63G-4-501 34A-5-107 the order f…