S.B. 107

1

UTAH LABOR COMMISSION AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ed P. Mayne
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) [Upon the filing of a claim for compensation for injury by accident, or for death,
16 arising out of and in the course of employment, and if the employer or its insurance carrier denies
17 liability, the] The Division of Adjudication may refer the medical aspects of [the] a case described
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) [When a claim for compensation based upon disability or death due to an occupational
25 disease is filed with the Division of Adjudication, an] An administrative law judge [shall, except
26 upon stipulation of all parties,] may appoint [an impartial] a medical panel appointed by an
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) [The] A medical panel, medical director, or medical [consultants shall make such
43 study, take such X-rays, and perform such tests, including post-mortem examinations if authorized
44 by the administrative law judge, as it may determine to be necessary or desirable] consultant may
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) [The] A medical panel, medical director, or medical [consultants] consultant shall
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 [cases] case, in addition to the requirements of Subsection
57 (2)(b), [the] a medical panel, medical director, or medical consultant shall certify to the
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[,]; and
65 (B) if [so] another cause has contributed to the disability or death, the extent in percentage
66 to which the other [causes have so] cause has contributed to the disability or death.
67 (d) (i) The administrative law judge shall promptly distribute full copies of [the] a report
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 [applicant, the employer, or its insurance carrier] following may file
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 [that] the period described in Subsection
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 [the]:
83 (A) a medical panel[,];
84 (B) the medical director[,]; or
85 (C) one or more medical consultants[, but].
86 (ii) Notwithstanding Subsection (2)(e)(i), an administrative law judge is not bound by [the]
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 [objections to the] an objection to a report [are] is filed under Subsection (2)(d),

90 the administrative law judge may set the case for hearing to determine the facts and issues
91 involved.
92 (ii) At [the] a hearing held pursuant to this Subsection (2)(f), any party [so desiring] may
93 request the administrative law judge to have [the chair of the medical panel, the medical director,
94 or the medical consultants] any of the following present at the hearing for examination and
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 [other members of the
100 panel, with or without the chair or the medical director or medical consultants,] the following to
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 [the] a medical panel, medical director, or one or more medical
106 consultants may be received as an exhibit at the hearing[, but] described in Subsection (2)(f).
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 [it] the report is sustained
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.

Office of Legislative Research and General Counsel