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 ten 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
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Last revised: Wednesday, October 08, 2008