34A-3-108.   Reporting of occupational diseases -- Regulation of health care providers.
     (1) Any employee sustaining an occupational disease, as defined in this chapter, arising out of and in the course of employment shall provide notification to the employee's employer promptly of the occupational disease. If the employee is unable to provide notification, the employee's next-of-kin or attorney may provide notification of the occupational disease to the employee's employer.
     (2) (a) Any employee who fails to notify the employee's employer or the division within 180 days after the cause of action arises is barred from any claim of benefits arising from the occupational disease.
     (b) The cause of action is considered to arise on the date the employee first suffered disability from the occupational disease and knew, or in the exercise of reasonable diligence should have known, that the occupational disease was caused by employment.
     (3) The following constitute notification of an occupational disease:
     (a) an employer's or physician's injury report filed with the:
     (i) division;
     (ii) employer; or
     (iii) insurance carrier; or
     (b) the payment of any medical or disability benefits by the employer or the employer's insurance carrier.
     (4) (a) In the form prescribed by the division, each employer shall file a report with the division of any occupational disease resulting in:
     (i) medical treatment;
     (ii) loss of consciousness;
     (iii) loss of work;
     (iv) restriction of work; or
     (v) transfer to another job.
     (b) The report required under Subsection (4)(a), shall be filed within seven days after:
     (i) the occurrence of an occupational disease;
     (ii) the employer's first knowledge of the occupational disease; or
     (iii) the employee's notification of the occupational disease.
     (c) Each employer shall file a subsequent report with the division of any previously reported occupational disease that later resulted in death. The subsequent report shall be filed with the division within seven days following:
     (i) the death; or
     (ii) the employer's first knowledge or notification of the death.
     (d) A report is not required for:
     (i) minor injuries that require first-aid treatment only, unless a treating physician files, or is required to file, the Physician's Initial Report of Work Injury or Occupational Disease with the division;
     (ii) occupational diseases that manifest after the employee is no longer employed by the employer with which the exposure occurred; or
     (iii) when the employer is not aware of an exposure occasioned by the employment that results in an occupational disease as defined by Section 34A-3-103.
     (5) Each employer shall provide the employee with:

     (a) a copy of the report submitted to the division; and
     (b) a statement, as prepared by the division, of the employee's rights and responsibilities related to the occupational disease.
     (6) Each employer shall maintain a record in a manner prescribed by the division of all occupational diseases resulting in:
     (a) medical treatment;
     (b) loss of consciousness;
     (c) loss of work;
     (d) restriction of work; or
     (e) transfer to another job.
     (7) Any employer who refuses or neglects to make reports, to maintain records, or to file reports with the division as required by this section is guilty of a class C misdemeanor and subject to citation under Section 34A-6-302 and a civil assessment as provided under Section 34A-6-307, unless the division finds that the employer has shown good cause for submitting a report later than required by this section.
     (8) (a) Except as provided in Subsection (8)(c), all physicians, surgeons, and other health providers attending occupationally diseased employees shall:
     (i) comply with all the rules, including the schedule of fees, for their services as adopted by the commission; and
     (ii) make reports to the division at any and all times as required as to the condition and treatment of an occupationally diseased employee or as to any other matter concerning industrial cases they are treating.
     (b) A physician, as defined in Section 34A-2-111, who is associated with, employed by, or bills through a hospital is subject to Subsection (8)(a).
     (c) A hospital is not subject to the requirements of Subsection (8)(a) except a hospital is subject to rules made by the commission under Subsections 34A-2-407(9)(a)(ii) and (iii).
     (d) The commission's schedule of fees may reasonably differentiate remuneration to be paid to providers of health services based on:
     (i) the severity of the employee's condition;
     (ii) the nature of the treatment necessary; and
     (iii) the facilities or equipment specially required to deliver that treatment.
     (e) This Subsection (8) does not prohibit a contract with a provider of health services relating to the pricing of goods and services.
     (9) A copy of the physician's initial report shall be furnished to the:
     (a) division;
     (b) employee; and
     (c) employer or its insurance carrier.
     (10) Any person subject to reporting under Subsection (8)(a)(ii) or Subsection 34A-2-407(9)(a)(iii) who refuses or neglects to make any report or comply with this section is guilty of a class C misdemeanor for each offense, unless the division finds that there is good cause for submitting a late report.
     (11) (a) Applications for a hearing to resolve disputes regarding occupational disease claims shall be filed with the Division of Adjudication.
     (b) After the filing, a copy shall be forwarded by mail to:
     (i) the employer or to the employer's insurance carrier;

     (ii) the applicant; and
     (iii) the attorneys for the parties.
     (12) (a) Subject to appellate review under Section 34A-1-303, the commission has exclusive jurisdiction to hear and determine:
     (i) whether goods provided to or services rendered to an employee is compensable pursuant to this chapter and Chapter 2, Workers' Compensation Act, including the following:
     (A) medical, nurse, or hospital services;
     (B) medicines; and
     (C) artificial means, appliances, or prosthesis;
     (ii) the reasonableness of the amounts charged or paid for a good or service described in Subsection (12)(a)(i); and
     (iii) collection issues related to a good or service described in Subsection (12)(a)(i).
     (b) Except as provided in Subsection (12)(a), Subsection 34A-2-211(7), or Section 34A-2-212, a person may not maintain a cause of action in any forum within this state other than the commission for collection or payment of goods or services described in Subsection (12)(a) that are compensable under this chapter or Chapter 2, Workers' Compensation Act.

Amended by Chapter 295, 2006 General Session
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Last revised: Wednesday, July 23, 2008