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S.B. 110 Enrolled

    

WORKERS' COMPENSATION EXCLUSIVE REMEDY

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: David L. Buhler

    AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE EXCLUSIVE
    REMEDY; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
    EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         35A-3-105 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 35A-3-105 (Effective 07/01/97) is amended to read:
         35A-3-105 (Effective 07/01/97). Exclusive remedy against employer, or officer, agent
     or employee -- Employee leasing arrangements.
        (1) The right to recover compensation pursuant to this chapter for injuries sustained by an
    employee, whether resulting in death or not, shall be the exclusive remedy against the employer
    and shall be the exclusive remedy against any officer, agent, or employee of the employer and the
    liabilities of the employer imposed by this chapter shall be in place of any and all other civil
    liability whatsoever, at common law or otherwise, to the employee or to his spouse, widow,
    children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other
    person whomsoever, on account of any accident or injury or death, in any way contracted,
    sustained, aggravated, or incurred by the employee in the course of or because of or arising out of
    his employment, and no action at law may be maintained against an employer or against any
    officer, agent, or employee of the employer based upon any accident, injury, or death of an
    employee. Nothing in this section, however, shall prevent an employee, or his dependents, from
    filing a claim with the department for compensation in those cases within Chapter 3a, Utah
    Occupational Disease Act.
        (2) The exclusive remedy provisions of this section apply to both the client company and


    the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
    Employee Leasing Company Licensing Act.
        (3) (a) For purposes of this section:
        (i) "Temporary employee" means an individual who for temporary work assignment is:
        (A) an employee of a temporary staffing company; or
        (B) registered by or otherwise associated with a temporary staffing company.
        (ii) "Temporary staffing company" means a company that engages in the assignment of
    individuals as temporary full-time or part-time employees to fill assignments with a finite ending
    date to another independent entity.
        (b) If the temporary staffing company secures the payment of workers' compensation in
    accordance with Section 35A-3-201 for all temporary employees of the temporary staffing company,
    the exclusive remedy provisions of this section apply to both the temporary staffing company and
    the client company and its employees and provide the temporary staffing company the same
    protection that a client company and its employees has under this section for the acts of any of the
    temporary staffing company's temporary employees on assignment at the client company worksite.
        Section 2. Effective date.
        This act takes effect on July 1, 1997.

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