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This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 11, 2009 at 11:02 AM by rday. --> 1
8 LONG TITLE
9 General Description:
10 This bill modifies the Workers' Compensation Act to address the mailing of medical
12 Highlighted Provisions:
13 This bill:
14 . removes the requirement that a medical report be mailed by certified mail, return
15 receipt requested;
16 . expands the list of persons required to receive a copy of a medical report; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 34A-2-601, as last amended by Laws of Utah 2002, Chapter 303
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 34A-2-601 is amended to read:
29 Objections to report -- Hearing -- Expenses.
30 (1) (a) The Division of Adjudication may refer the medical aspects of a case described
31 in this Subsection (1)(a) to a medical panel appointed by an administrative law judge:
32 (i) upon the filing of a claim for compensation arising out of and in the course of
33 employment for:
34 (A) disability by accident; or
35 (B) death by accident; and
36 (ii) if the employer or the employer's insurance carrier denies liability.
37 (b) An administrative law judge may appoint a medical panel [
39 death due to an occupational disease.
40 (c) A medical panel appointed under this section shall consist of one or more
41 physicians specializing in the treatment of the disease or condition involved in the claim.
42 (d) As an alternative method of obtaining an impartial medical evaluation of the
43 medical aspects of a controverted case, the division may employ a medical director or one or
44 more medical consultants:
45 (i) on a full-time or part-time basis; and
46 (ii) for the purpose of:
47 (A) evaluating [
48 (B) advising an administrative law judge with respect to the administrative law judge's
49 ultimate fact-finding responsibility.
50 (e) If all parties agree to the use of a medical director or one or more medical
51 consultants, the medical director or one or more medical consultants [
52 function in the same manner and under the same procedures as required of a medical panel.
53 (2) (a) A medical panel, medical director, or medical consultant may do the following
54 to the extent the medical panel, medical director, or medical consultant determines that it is
55 necessary or desirable:
56 (i) conduct a study;
57 (ii) take an x-ray;
58 (iii) perform a test; or
Senate 3rd Reading Amendments 2-11-2009 rd/(iv) if authorized by an administrative law judge, conduct a post-mortem examination.
60 (b) A medical panel, medical director, or medical consultant shall make:
61 (i) a report in writing to the administrative law judge in a form prescribed by the
62 Division of Adjudication; and
63 (ii) additional findings as the administrative law judge may require.
64 (c) In an occupational disease case, in addition to the requirements of Subsection
65 (2)(b), a medical panel, medical director, or medical consultant shall certify to the
66 administrative law judge:
67 (i) the extent, if any, of the disability of the claimant from performing work for
68 remuneration or profit;
69 (ii) whether the sole cause of the disability or death, in the opinion of the medical
70 panel, medical director, or medical consultant results from the occupational disease; and
71 (iii) (A) whether any other [
72 in any way contributed to the disability or death; and
73 (B) if another cause [
74 to which the other cause [
75 (d) (i) [
76 report submitted to the administrative law judge under this Subsection (2) by [
78 (A) the applicant;
79 (B) the employer; [
80 (C) the employer's insurance carrier[
81 (D) an attorney employed by a person listed in Subsections (2)(d)(i)(A) through (C).
82 (ii) Within S. [
82a deposited in the
83 United States post office, the following may file with the administrative law judge a written
85 (A) the applicant;
86 (B) the employer; or
87 (C) the employer's insurance carrier.
88 (iii) If no written [
89 Subsection (2)(d)(ii), the report is considered admitted in evidence.
91 finding and decision on the report of:
92 (A) a medical panel;
93 (B) the medical director; or
94 (C) one or more medical consultants.
95 (ii) Notwithstanding Subsection (2)(e)(i), an administrative law judge is not bound by a
96 report described in Subsection (2)(e)(i) if other substantial conflicting evidence in the case
97 supports a contrary finding.
98 (f) (i) If [
99 administrative law judge may set the case for hearing to determine the facts and issues
101 (ii) At a hearing held pursuant to this Subsection (2)(f), any party may request the
102 administrative law judge to have any of the following present at the hearing for examination
103 and cross-examination:
104 (A) the chair of the medical panel;
105 (B) the medical director; or
106 (C) the one or more medical consultants.
107 (iii) For good cause shown, [
108 to be present at the hearing for examination and cross-examination:
109 (A) a member of a medical panel, with or without the chair of the medical panel;
110 (B) the medical director; or
111 (C) a medical consultant.
112 (g) (i) [
113 medical consultants may be received as an exhibit at [
115 (ii) Notwithstanding Subsection (2)(g)(i), a report received as an exhibit under
116 Subsection (2)(g)(i) may not be considered as evidence in the case except as far as the report is
117 sustained by the testimony admitted.
118 (h) For [
119 director, or medical consultant before July 1, 1997, the commission shall pay out of the
120 Employers' Reinsurance Fund established in Section 34A-2-702 :
122 medical consultant; and
123 (ii) the expenses of the medical panel's, medical director's, or medical consultant's
124 appearance before [
125 (i) (i) For [
126 director, or medical consultant on or after July 1, 1997, the commission shall pay out of the
127 Uninsured Employers' Fund established in Section 34A-2-704 the expenses of:
128 (A) [
129 consultant; and
130 (B) the medical panel's, medical director's, or medical consultant's appearance before
132 (ii) Notwithstanding Section 34A-2-704 , the expenses described in Subsection (2)(i)(i)
133 shall be paid from the Uninsured Employers' Fund whether or not the employment relationship
134 during which the industrial accident or occupational disease occurred is localized in Utah as
135 described in Subsection 34A-2-704 (20).
Legislative Review Note
as of 1-26-09 9:03 AM