House of Representatives State of Utah


         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029

        February 18, 2008

Mr. Speaker:

    The Business and Labor Committee reports a favorable recommendation on H.B. 384, EMPLOYEE OBLIGATIONS RELATED TO WORKERS' COMPENSATION, by Representative M. Morley, with the following amendments:


1.    Page 1, Lines 26 through 27 :    

             26      Other Special Clauses:
             27          

{   None   }        This bill takes effect on July 1, 2008.      



2.    Page 4, Line 109 :    

             109          (ii) for
  just       cause; and



3.    Page 4, Lines 113 through 114 :    

             113          (C) a violation of a reasonable, written workplace
  health, safety, licensure, or nondiscrimination       rule that is applied in      {   a

             114      nondiscriminatory basis   }
  a manner that is reasonable and nondiscriminatory       ;


4.    Page 4, Lines 115 through 117 :    

             115          (b) the employee is incarcerated in a correctional facility for a period of time that
             116      would result in the termination of the employee's reemployment in accordance with a
             117      reasonable, written workplace that is applied in a
{   nondiscriminatory basis   }        a manner that is reasonable and nondiscriminatory       ; or


5.    Page 5, Lines 127 through 128 :    

             127          (ii) in accordance with a reasonable, written workplace that is applied in
{   a

             128      nondiscriminatory basis   }
  a manner that is reasonable and nondiscriminatory       .


6.    Page 5, Line 146 through Page 6, Line 160 :    

             146          (c) A reduction or termination of disability compensation under this Subsection (5)
             147      takes effect on the day
  determined by the commission.            {   the order described in Subsection (5)(b) is issued by the commission,

             148      except that the following is treated as an offset against future obligations of the employer or
             149      employer's insurance carrier to pay disability compensation to the employee:
             150          (i) if the disability compensation is ordered terminated, the amount of disability
             151      compensation paid to the employee:
             152          (A) beginning on the day on which the employee begins to receive disability
             153      compensation; and
             154          (B) ending on the day on which the disability compensation is terminated; or   }
             155          
{   (ii)   }        (d) If the disability compensation is ordered terminated or reduced, the employer or employer's insurance carrier shall treat any resulting overpayment as an offset against the employer or employer's insurance carrier's future obligations to pay disability compensation to the employee.            {   if the disability compensation is ordered reduced, the amount calculated by

             156      subtracting from the amount of disability compensation paid to the employee beginning on the
             157      day on which the employee begins to receive disability compensation, and ending the day on
             158      which the disability compensation is reduced, the amount the employee would have received
             159      had the reduction in disability compensation been applied beginning on the day on which the
             160      employee begins to receive disability compensation.   }


7.    Page 8, Lines 222 through 228 :    

             222          (e) In determining under
{   Subsection   }        Subsections       (1)        (b) and       (c) whether an employee cannot perform other

             223      work reasonably available, the following may not be considered:
             224          (i) whether the employee is incarcerated in a facility operated by or contracting with a
             225      federal, state, county, or municipal government to house a criminal offender in either a secure
             226      or nonsecure setting; or
             227          (ii) whether the employee is not legally eligible to be employed because of a reason
             228      unrelated to the impairment or combination of impairments.


8.    Page 11, Lines 330 through 332 :    

             330          (f) If a preponderance of the evidence shows that successful rehabilitation is not
             331      possible, the administrative law judge shall order that the employee be paid weekly permanent
             332      total disability compensation benefits.
  (g) If a preponderance of the evidence shows that successful rehabilitation is possible pursuant to a reemployment plan as prepared by a qualified rehabilitation provider and presented under Subsection (6)(e), an administrative law judge shall order that the employee be denied the payment of weekly permanent total disability compensation benefits regardless of whether the employee is:

(i) incarcerated in a facility operated by or contracting with a federal, state, county, or municipal government to house a criminal offender in either a secure or nonsecure setting: or
(ii) not legally eligible to be employed because of a reason unrelated to the impairment or combination of impairments.  



9.    Page 15, Line 437 :    

             437      the invalid provision or application.
  Section 4. Effective date.

    This bill takes effect on July 1, 2008.  


    Respectfully,

    Stephen D. Clark
    Committee Chair

Voting: 8-2-3
3 HB0384.HC1.wpd 2/18/08 10:13 am anicholson/AMN PO/AMN

Bill Number
Action Class
Action Code

*HB0384*
*H*
*HCRAMD*

 HB0384
H
HCRAMD