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S.B. 107
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5 This act amends the Utah Labor Code to make the appointment of a medical panel in
6 occupational disease cases permissive and to make technical changes.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 34A-2-601, as last amended by Chapter 183, Laws of Utah 2000
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 34A-2-601 is amended to read:
12 34A-2-601. Medical panel -- Medical director or medical consultants -- Discretionary
13 authority of Division of Adjudication to refer case -- Findings and reports -- Objections to
14 report -- Hearing -- Expenses.
15 (1) (a) [
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18 in this Subsection (1)(a) to a medical panel appointed by an administrative law judge[
19 (i) upon the filing of a claim for compensation arising out of and in the course of
20 employment for:
21 (A) disability by accident; or
22 (B) death by accident; and
23 (ii) if the employer or the employer's insurance carrier denies liability.
24 (b) [
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27 administrative law judge upon the filing of a claim for compensation based upon disability or death
28 due to an occupational disease.
29 (c) A medical panel appointed under this section shall consist of one or more physicians
30 specializing in the treatment of the disease or condition involved in the claim.
31 (d) As an alternative method of obtaining an impartial medical evaluation of the medical
32 aspects of a controverted case, the division may employ a medical director or one or more medical
33 consultants:
34 (i) on a full-time or part-time basis; and
35 (ii) for the purpose of:
36 (A) evaluating the medical evidence; and
37 (B) advising an administrative law judge with respect to the administrative law judge's
38 ultimate fact-finding responsibility.
39 (e) If all parties agree to the use of a medical director or one or more medical consultants,
40 the medical director or one or more medical consultants shall be allowed to function in the same
41 manner and under the same procedures as required of a medical panel.
42 (2) (a) [
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45 do the following to the extent the medical panel, medical director, or medical consultant
46 determines that it is necessary or desirable:
47 (i) conduct a study;
48 (ii) take an x-ray;
49 (iii) perform a test; or
50 (iv) if authorized by an administrative law judge, conduct a post-mortem examination.
51 (b) [
52 make:
53 (i) a report in writing to the administrative law judge in a form prescribed by the Division
54 of Adjudication; and
55 (ii) additional findings as the administrative law judge may require.
56 (c) In an occupational disease [
57 (2)(b), [
58 administrative law judge:
59 (i) the extent, if any, of the disability of the claimant from performing work for
60 remuneration or profit;
61 (ii) whether the sole cause of the disability or death, in the opinion of the medical panel,
62 medical director, or medical consultant results from the occupational disease; and
63 (iii) (A) whether any other causes have aggravated, prolonged, accelerated, or in any way
64 contributed to the disability or death[
65 (B) if [
66 to which the other [
67 (d) (i) The administrative law judge shall promptly distribute full copies of [
68 submitted to the administrative law judge under this Subsection (2) by certified mail with return
69 receipt requested to:
70 (A) the applicant;
71 (B) the employer; and
72 (C) the employer's insurance carrier.
73 (ii) Within 15 days after the report described in Subsection (2)(d)(i) is deposited in the
74 United States post office, the [
75 with the administrative law judge written objections to the report[
76 (A) the applicant;
77 (B) the employer; or
78 (C) the employer's insurance carrier.
79 (iii) If no written objections are filed within [
80 (2)(d)(ii), the report is considered admitted in evidence.
81 (e) (i) The administrative law judge may base the administrative law judge's finding and
82 decision on the report of [
83 (A) a medical panel[
84 (B) the medical director[
85 (C) one or more medical consultants[
86 (ii) Notwithstanding Subsection (2)(e)(i), an administrative law judge is not bound by [
87 a report described in Subsection (2)(e)(i) if other substantial conflicting evidence in the case
88 supports a contrary finding.
89 (f) (i) If [
90 the administrative law judge may set the case for hearing to determine the facts and issues
91 involved.
92 (ii) At [
93 request the administrative law judge to have [
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95 cross-examination[
96 (A) the chair of the medical panel;
97 (B) the medical director; or
98 (C) the one or more medical consultants.
99 (iii) For good cause shown, the administrative law judge may order [
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101 be present at the hearing for examination and cross-examination[
102 (A) a member of a medical panel, with or without the chair of the medical panel;
103 (B) the medical director; or
104 (C) a medical consultant.
105 (g) (i) The written report of [
106 consultants may be received as an exhibit at the hearing[
107 (ii) Notwithstanding Subsection (2)(g)(i), a report received as an exhibit under Subsection
108 (2)(g)(i) may not be considered as evidence in the case except as far as [
109 by the testimony admitted.
110 (h) For any claim referred under Subsection (1) to a medical panel, medical director, or
111 medical consultant before July 1, 1997, the commission shall pay out of the Employers'
112 Reinsurance Fund established in Section 34A-2-702 :
113 (i) expenses of the study and report of the medical panel, medical director, or medical
114 consultant; and
115 (ii) the expenses of the medical panel's, medical director's, or medical consultant's
116 appearance before the administrative law judge.
117 (i) (i) For any claim referred under Subsection (1) to a medical panel, medical director, or
118 medical consultant on or after July 1, 1997, the commission shall pay out of the Uninsured
119 Employers' Fund established in Section 34A-2-704 the expenses of:
120 (A) the study and report of the medical panel, medical director, or medical consultant; and
121 (B) the medical panel's, medical director's, or medical consultant's appearance before the
122 administrative law judge.
123 (ii) Notwithstanding Section 34A-2-704 , the expenses described in Subsection (2)(i)(i)
124 shall be paid from the Uninsured Employers' Fund whether or not the employment relationship
125 during which the industrial accident or occupational disease occurred is localized in Utah as
126 described in Subsection 34A-2-704 (20).
Legislative Review Note
as of 1-7-02 10:35 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.