Title 34A Chapter 2 Section 420

Utah Labor Code
Workers' Compensation Act
Section 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.

            

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 shall be continuing.

            (b) After notice and hearing, the Division of Adjudication, commissioner, or Appeals Board in accordance with Part 8, Adjudication, may from time to time modify or change a former finding or order of the commission.

            (c) This section may not be interpreted as modifying in any respect the statutes of limitations contained in other sections of this chapter or Chapter 3, Utah Occupational Disease Act.

            (d) The commission may not in any respect change the statutes of limitation referred to in Subsection (1)(c).

            (2) Records pertaining to cases that have been closed and inactive for 10 years, other than cases of total permanent disability or cases in which a claim has been filed as in Section 34A-2-417, may be destroyed at the discretion of the commission.

            (3) Awards made by a final order of the commission shall include interest at the rate of 8% per annum from the date when each benefit payment would have otherwise become due and payable.

            (4) Notwithstanding Subsection (1) and Section 34A-2-108, an administrative law judge shall review and may approve the agreement of the parties to enter into a full and final:

            (a) compromise settlement of disputed medical, disability, or death benefit entitlements under this chapter or Chapter 3, Utah Occupational Disease Act; or

            (b) commutation and settlement of reasonable future medical, disability, or death benefit entitlements under this chapter or Chapter 3 by means of a lump sum payment, structured settlement, or other appropriate payout.


Renumbered and Amended by Chapter 375, 1997 General Session