Title 34A, Title 34A: Utah Labor Code

34A-1-105. Commission budget -- Reports from divisions. (1) The commission shall prepare and submit to the governor for inclusion in the governor's budget to be submitted to the Legislature, a budget of the commission's financial requirements needed to carry out its responsibilit…

34A-1-106. Fees. (1) Unless otherwise provided by statute, the commission may adopt a schedule of fees assessed for services provided by the commission by following the procedures and requirements of Section. 63J-1-504 (2) The commission shall submit each fee established under th…

34A-1-201. Commissioner -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Reports. (1) The chief administrative officer of the commission is the commissioner, who shall be appointed by the governor with the advice and consent of the Senate. The co…

34A-1-202. Divisions and office -- Creation -- Duties -- Appeals Board, councils, and panel. (1) There is created within the commission the following divisions and office: the Division of Industrial Accidents that shall administer the regulatory requirements of this title concern…

34A-1-203. Commissioner -- Jurisdiction over division directors -- Authority. (1) The commissioner has administrative jurisdiction over each division. (2) To effectuate greater efficiency and economy in the operations of the commission, the commissioner may: make changes in perso…

34A-1-204. Division directors -- Appointment -- Compensation -- Qualifications. (1) The chief officer of each division within the commission shall be a director, who shall serve as the executive and administrative head of the division. (2) A director shall be appointed by the com…

34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation -- Qualifications. (1) There is created the Appeals Board within the commission consisting of three members. The board may call and preside at adjudicative proceedings to review an order or decision that is subject …

34A-1-301. Commission jurisdiction and power. The commission has the duty and the full power, jurisdiction, and authority to determine the facts and apply the law in this chapter or any other title or chapter it administers.

34A-1-302. Presiding officers for adjudicative proceedings -- Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order. (1) The commissioner shall authorize the Division of Adjudication to call, assign a presiding officer, and conduct hearings and adjudicat…

34A-1-303. Review of administrative decision. (1) A decision entered by an administrative law judge under this title is the final order of the commission unless a further appeal is initiated: under this title; and in accordance with the rules of the commission governing the revie…

34A-1-304. Definitions -- Rulemaking -- Electronic or similar methods of proceedings. (1) For purposes of this section: "Deliver" means to serve, file, or otherwise provide a document. "Document" includes a notice, order, decision, or other document that is required or permitted …

34A-1-305. Orders of commission -- Presumed lawful. All orders of the commission within its jurisdiction shall be presumed reasonable and lawful until they are found otherwise in an action brought for that purpose, or until altered or revoked by the commission.

34A-1-306. Orders not to be set aside on technicalities. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to the orders of the commission, and they may not be declared inoperative, illegal, or void for any omission of a technical n…

34A-1-307. Action permitted in adjudicative proceedings. For the purposes mentioned in this title, the commission may take any action permitted: (1) if a formal adjudicative proceeding, under Sectionor; or 63G-4-205 63G-4-206 (2) if an informal adjudicative proceeding, under Sect…

34A-1-308. Depositions. The commission or any party may in any investigation cause depositions of witnesses residing within or without the state to be taken as in civil actions.

34A-1-309. Add-on fees. (1) As used in this section: "Carrier" means: a workers' compensation insurance carrier; the Uninsured Employers' Fund, an employer that does not carry workers' compensation insurance; or a self-insured employer as defined in Section. 34A-2-201.5 "Indemnit…

34A-1-310. Record of proceedings before commission. A record shall be kept of all proceedings before the commission on any investigation in accordance with Section.

34A-1-401. Attorney general and county attorneys -- Duties. If requested by the commission, the attorney general or any county or district attorney shall: (1) institute and prosecute the necessary actions or proceedings for the enforcement of any order of the commission or of any…

34A-1-402. Publication of orders, rules, and rates. (1) The commission shall make available in proper form for distribution to the public, its orders and rules; and furnish the information made available under Subsectionto any person upon request. (1) (2) The commission may in ac…

34A-1-403. Judgments in favor of commission -- Preference. All judgments obtained in any action prosecuted by the commission or the state under this title shall have the same preference against the assets of the employer as claims for taxes.

34A-1-404. Injunction prohibited. (1) An injunction may not be issued suspending or restraining: any order by the commission or decision under this title; or any action of the state auditor, state treasurer, attorney general, or the auditor or treasurer of any county, required to…

34A-1-405. Employer's records subject to examination -- Penalty. (1) A book, record, or payroll of an employer showing, or reflecting in any way upon the amount of the employer's wage expenditure shall always be open for inspection by the commission, or any of the commission's au…

34A-1-406. Right of visitation. (1) The commissioner or the commissioner's designee may: enter any place of employment for the purpose of: collecting facts and statistics; or examining the provisions made for the health and safety of the employees in the place of employment; and …

34A-1-407. Investigation of places of employment -- Violations of rules or orders -- Temporary injunction. (1) Upon complaint by any person that any employment or place of employment, regardless of the number of persons employed, is not safe for any employee or is in violation of…

34A-1-408. Investigations through representatives. (1) For the purpose of making any investigation necessary for the implementation of this title with regard to any employment or place of employment, the commission may appoint, in writing, any competent person who is a resident o…

34A-1-409. Partial invalidity -- Saving clause. Should any section or provision of this title be decided by the courts to be unconstitutional or invalid the same does not affect the validity of the title as a whole or any part of the title other than the part so decided to be unc…

34A-2-1001. Title. This part is known as the "Workers' Compensation Coverage Waivers Act."

34A-2-1002. Definitions. As used in this part: (1) "Business entity" means: a sole proprietorship; a corporation; a partnership; a limited liability company; or an entity similar to one described in Subsectionsthrough. (1)(a) (d) (2) "Waiver" means a workers' compensation coverag…

34A-2-1003. Issuance of a waiver. (1) The commission shall issue a workers' compensation coverage waiver to a business entity that: elects not to include an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Sec…

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: the business entity's federal or state income tax return that shows business income for the complete tax…

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. 3…

34A-2-101. Title. This chapter shall be known as the "Workers' Compensation Act."

34A-2-102. Definition of terms. (1) As used in this chapter: "Average weekly wages" means the average weekly wages as determined under Section. 34A-2-409 "Award" means a final order of the commission as to the amount of compensation due: an injured employee; or a dependent of a d…

34A-2-103. Employers enumerated and defined -- Regularly employed -- Statutory employers -- Exceptions. (1) The state, and each county, city, town, and school district in the state are considered employers under this chapter and. Chapter 3, Utah Occupational Disease Act For the p…

34A-2-104. "Employee," "worker," and "operative" defined -- Specific circumstances -- Exemptions. (1) As used in this chapter and, "employee," "worker," and "operative" mean: Chapter 3, Utah Occupational Disease Act an elective or appointive officer and any other person: in the s…

34A-2-104.5. Nongovernment entity volunteers. (1) As used in this section: "Intern" means a student or trainee who works without pay at a trade or occupation in order to gain work experience. Notwithstanding Subsection, "intern" does not include an intern described in Sectionor. …

34A-2-105. Exclusive remedy against employer, and officer, agent, or employee of employer. (1) The right to recover compensation pursuant to this chapter for injuries sustained by an employee, whether resulting in death or not, is the exclusive remedy against the employer and is …

34A-2-106. Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action -- Notice of intention to proceed against third party -- Right to ma…

34A-2-107. Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation. (1) There is created a workers' compensation advisory council composed of: the following voting members whom the commissioner shall appoint: five employe…

34A-2-108. Void agreements between employers and employees. (1) Except as provided in Section, an agreement by an employee to waive the employee's rights to compensation under this chapter or, is not valid. 34A-2-420 Chapter 3, Utah Occupational Disease Act (2) An agreement by an…

34A-2-109. Interstate and intrastate commerce. (1) Except as provided in Subsection, this chapter and, apply to employers and their employees engaged in: (2) Chapter 3, Utah Occupational Disease Act intrastate commerce; interstate commerce; and foreign commerce. (2) If a rule of …

34A-2-110. Workers' compensation insurance fraud -- Elements -- Penalties -- Notice. (1) As used in this section: "Corporation" means the same as that term is defined in Section. 76-2-201 "Intentionally" means the same as that term is defined in Section. 76-2-103 "Knowingly" mean…

34A-2-111. Managed health care programs -- Other safety programs. (1) As used in this section: "Health care provider" means a person who furnishes treatment or care to persons who have suffered bodily injury. "Health care provider" includes: a hospital; a clinic; an emergency car…

34A-2-112. Administration of this chapter and Chapter 3. (1) Administration of this chapter and, is vested in the commission to be administered through the division, the Division of Adjudication, and for administrative appeals through the commissioner and the Appeals Board. Chapt…

34A-2-113. Designated agent required. Each workers' compensation insurance carrier writing insurance in this state shall maintain a designated agent in this state that is: (1) registered with the division; and (2) authorized to receive on behalf of the workers' compensation insur…

34A-2-114. Unlawful interference -- Penalties. (1) An employer may not knowingly or intentionally: impede or diminish an employee's efforts to make a claim or receive workers' compensation benefits under this chapter or; or Chapter 3, Utah Occupational Disease Act intimidate, coe…