H.B. 358 Enrolled

WORKERS COMPENSATION STATUTE OF
LIMITATIONS AND BURDEN OF PROOF
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: John E. Swallow
AN ACT RELATING TO LABOR; ADDRESSING TIME LIMITS ON FILING WORKERS
COMPENSATION CLAIMS; ADDRESSING ORDERS TO SHOW CAUSE; AND MAKING
TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
34A-2-410, as renumbered and amended by Chapter 375, Laws of Utah 1997
34A-2-411, as renumbered and amended by Chapter 375, Laws of Utah 1997
34A-2-417, as renumbered and amended by Chapter 375, Laws of Utah 1997
34A-3-109, as renumbered and amended by Chapter 375, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 34A-2-410 is amended to read:
34A-2-410. Temporary disability -- Amount of payments -- State average weekly
wage defined.
(1) (a) In case of temporary disability, so long as the disability is total, the employee shall
receive 66-2/3% of that employee's average weekly wages at the time of the injury but:
(i) not more than a maximum of 100% of the state average weekly wage at the time of the
injury per week; and
(ii) not less than a minimum of $45 per week plus $5 for a dependent spouse and $5 for
each dependent child under the age of 18 years, up to a maximum of four dependent children, not
to exceed the average weekly wage of the employee at the time of the injury, but not to exceed
100% of the state average weekly wage at the time of the injury per week.
(b) In no case shall the compensation benefits exceed 312 weeks at the rate of 100% of the
state average weekly wage at the time of the injury over a period of [eight] 12 years from the date
of the injury.

(2) In the event a light duty medical release is obtained prior to the employee reaching a
fixed state of recovery, and when no light duty employment is available to the employee from the
employer, temporary disability benefits shall continue to be paid.
(3) The "state average weekly wage" as referred to in this chapter and Chapter 3, Utah
Occupational Disease Act, shall be determined by the commission as follows:
(a) On or before June 1 of each year, the total wages reported on contribution reports to the
Division of Workforce Information and Payment Services for the preceding calendar year shall be
divided by the average monthly number of insured workers determined by dividing the total insured
workers reported for the preceding year by 12.
(b) The average annual wage obtained under Subsection (3)(a) shall be divided by 52.
(c) The average weekly wage determined under Subsection (3)(b) is rounded to the nearest
dollar.
(4) The state average weekly wage determined under Subsection (3) shall be used as the
basis for computing the maximum compensation rate for:
(a) injuries or disabilities arising from occupational disease that occurred during the
twelve-month period commencing July 1 following the June 1 determination; and
(b) any death resulting from the injuries or disabilities arising from occupational disease.
Section 2. Section 34A-2-411 is amended to read:
34A-2-411. Temporary partial disability -- Amount of payments.
(1) If the injury causes temporary partial disability for work, the employee shall receive
weekly compensation equal to:
(a) 66-2/3% of the difference between the employee's average weekly wages before the
accident and the weekly wages the employee is able to earn after the accident, but not more than
100% of the state average weekly wage at the time of injury; plus
(b) $5 for a dependent spouse and $5 for each dependent child under the age of 18 years, up
to a maximum of four such dependent children, but only up to a total weekly compensation that does
not exceed 100% of the state average weekly wage at the time of injury.
(2) The commission may order an award for temporary partial disability for work at any time

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prior to [eight] 12 years after the date of the injury to an employee:
(a) whose physical condition resulting from the injury is not finally healed and fixed [eight]
12 years after the date of injury; and
(b) who files an application for hearing under Section 34A-2-417 .
(3) The duration of weekly payments may not exceed 312 weeks nor continue more than
[eight] 12 years after the date of the injury. Payments shall terminate when the disability ends or the
injured employee dies.
Section 3. Section 34A-2-417 is amended to read:
34A-2-417. Claims and benefits -- Time limits for filing -- Burden of proof.
(1) Except with respect to prosthetic devices, in nonpermanent total disability cases an
employee's medical benefit entitlement ceases if for a period of three consecutive years the employee
does not:
(a) incur medical expenses reasonably related to the industrial accident; and
(b) submit the medical expenses incurred to the employee's employer or insurance carrier
for payment.
(2) (a) A claim [for compensation for temporary total disability benefits, temporary partial
disability benefits, permanent partial disability benefits, or permanent total disability benefits]
described in Subsection (2)(b) is barred, unless the employee:
(i) files an application for hearing [is filed] with the Division of Adjudication [within] no
later than six years [after] from the date of the accident[.]; and
(ii) by no later than 12 years from the date of the accident, is able to meet the employee's
burden of proving that the employee is due the compensation claimed under this chapter.
(b) Subsection (2)(a) applies to a claim for compensation for:
(i) temporary total disability benefits;
(ii) temporary partial disability benefits;
(iii) permanent partial disability benefits; or
(iv) permanent total disability benefits.
(c) The commission may enter an order awarding or denying an employee's claim for

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compensation under this chapter within a reasonable time period beyond 12 years from the date of
the accident, if:
(i) the employee complies with Subsections (2)(a)(i) and (ii); and
(ii) 12 years from the date of the accident:
(A) (I) the employee is fully cooperating in a commission approved reemployment plan; and
(II) the results of that commission approved reemployment plan are not known; or
(B) the employee is actively adjudicating issues of compensability before the commission.
(3) A claim for death benefits is barred unless an application for hearing is filed within one
year of the date of death of the employee.
(4) (a) (i) Subject to Subsections (2)(c) and (4)(b), after an employee files an application for
hearing within six years from the date of the accident, the Division of Adjudication may enter an
order to show cause why the employee's claim should not be dismissed because the employee has
failed to meet the employee's burden of proof to establish an entitlement to compensation claimed
in the application for hearing.
(ii) The order described in Subsection (4)(a)(i) may be entered on the motion of the:
(A) Division of Adjudication;
(B) employee's employer; or
(C) employer's insurance carrier.
(b) Under Subsection (4)(a), the Division of Adjudication may dismiss a claim:
(i) without prejudice; or
(ii) with prejudice only if:
(A) the Division of Adjudication adjudicates the merits of the employee's entitlement to the
compensation claimed in the application for hearing; or
(B) the employee fails to comply with Subsection (2)(a)(ii).
(c) If a claim is dismissed without prejudice under Subsection (4)(b), the employee is subject
to the time limits under Subsection (2)(a) to claim compensation under this chapter.
Section 4. Section 34A-3-109 is amended to read:
34A-3-109. Limitations -- Rights barred if not filed within limits -- Burden of proof.

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(1) The limitation of rights regarding medical benefits provided in Subsection 34A-2-417 (1)
does not apply to compensable occupational diseases under the terms of this chapter.
(2) (a) A claim [for compensation for temporary total disability benefits, temporary partial
disability benefits, permanent partial disability benefits, or permanent total disability benefits]
described in Subsection (2)(b) is barred, unless the employee:
(i) files an application for hearing [is filed] with the Division of Adjudication [within] no
later than six years [after] from the date the employee's cause of action arose[.]; and
(ii) by no later than 12 years from the date on which the employee's cause of action arose,
is able to meet the employee's burden of proving that the employee is due the compensation claimed
under this chapter.
(b) Subsection (2)(a) applies to a claim for compensation for:
(i) temporary total disability benefits;
(ii) temporary partial disability benefits;
(iii) permanent partial disability benefits; or
(iv) permanent total disability benefits.
(c) The commission may enter an order awarding or denying an employee's claim for
compensation under this chapter within a reasonable time period beyond 12 years from the date on
which the employee's cause of action arose, if:
(i) the employee complies with Subsections (2)(a)(i) and (ii); and
(ii) 12 years from the date on which the employee's cause of action arose:
(A) (I) the employee is fully cooperating in a commission approved reemployment plan; and
(II) the results of that commission approved reemployment plan are not known; or
(B) the employee is actively adjudicating issues of compensability before the commission.
(3) (a) [A] Subject to Subsection (3)(b), a claim for death benefits is barred unless an
application for hearing is filed within one year of the date the deceased employee's dependents knew,
or in the exercise of reasonable diligence should have known, that the employee's death was caused
by an occupational disease. [But in no case shall the]
(b) A dependents' claim for death benefits may not be actionable more than six years after

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the employee's cause of action arises.
(4) (a) (i) Subject to Subsections (2)(c) and (4)(b), after an employee files an application for
hearing within six years from the date on which the cause of action arose, the Division of
Adjudication may enter an order to show cause why the employee's claim should not be dismissed
because the employee has failed to meet the employee's burden of proof to establish an entitlement
to compensation claimed in the application for hearing.
(ii) The order described in Subsection (4)(a)(i) may be entered on the motion of the:
(A) Division of Adjudication;
(B) employee's employer; or
(C) employer's insurance carrier.
(b) Under Subsection (4)(a), the Division of Adjudication may dismiss a claim in an
application for hearing:
(i) without prejudice; or
(ii) with prejudice only if:
(A) the Division of Adjudication adjudicates the merits of the employee's entitlement to the
compensation claimed in the application for hearing; or
(B) the employee fails to comply with Subsection (2)(a)(ii).
(c) If a claim is dismissed without prejudice under Subsection (4)(b), the employee is subject
to the time limits under Subsection (2)(a) to claim compensation under this chapter.

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