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 during the period of July 1, 1988, to June 30, 1994,
inclusive, and if the additional impairment results in permanent total disability, the employer or its
insurance carrier and the Employers' Reinsurance Fund are liable for the payment of benefits as
follows:
(1) The employer or its insurance carrier is liable for the first $20,000 of medical benefits
and the initial 156 weeks of permanent total disability compensation as provided in this chapter or
Chapter 3, Utah Occupational Disease Act.
(2) Reasonable medical benefits in excess of the first $20,000 shall be paid in the first
instance by the employer or its insurance carrier. Then, as provided in Subsection (5), the
Employers' Reinsurance Fund shall reimburse the employer or its insurance carrier for 50% of
those expenses.
(3) After the initial 156-week period under Subsection (1), permanent total disability
compensation payable to an employee under this chapter or Chapter 3, Utah Occupational
Disease Act, becomes the liability of and shall be paid by the Employers' Reinsurance Fund.
(4) If it is determined that the employee is permanently and totally disabled, the employer
or its insurance carrier shall be given credit for all prior payments of temporary total, temporary
partial, and permanent partial disability compensation made as a result of the industrial accident.
Any overpayment by the employer or its insurance carrier shall be reimbursed by the Employers'
Reinsurance Fund under Subsection (5).
(5) (a) Upon receipt of a duly verified petition, the Employers' Reinsurance Fund shall
reimburse the employer or its insurance carrier for the Employers' Reinsurance Fund's share of
medical benefits and compensation paid to or on behalf of an employee. A request for
Employers' Reinsurance Fund reimbursements shall be accompanied by satisfactory evidence of
payment of the medical or disability compensation for which the reimbursement is requested.
Each request is subject to review as to reasonableness by the administrator. The administrator
may determine the manner of reimbursement.
(b) A decision of the administrator under Subsection (5)(a) may be appealed in
accordance with Part 8, Adjudication.
(6) If, at the time an employee is determined to be permanently and totally disabled, the
employee has other actionable workers' compensation claims, the employer or insurance carrier
that is liable for the last industrial accident resulting in permanent total disability shall be liable for
the benefits payable by the employer as provided in this section and Section 34A-2-413. The
employee's entitlement to benefits for prior actionable claims shall then be determined separately
on the facts of those claims. Any previous permanent partial disability arising out of those claims
shall then be considered to be impairments that may give rise to Employers' Reinsurance Fund
liability under this section.
Renumbered and Amended by Chapter 375, 1997 General Session
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Last revised: Wednesday, July 23, 2008