(1) (a) In the case of a permanent total disability resulting from an industrial accident or occupational disease, the employee shall receive compensation as outlined in this section. (b) To establish entitlement to permanent total disability compensation, the employee shall prove by a preponderance of evidence that: (i) the employee sustained a significant impairment or combination of impairments as a result of the industrial accident or occupational disease that gives rise to the permanent total disability entitlement; (ii) the employee has a permanent, total disability; and (iii) the industrial accident or occupational disease is the direct cause of the employee's permanent total disability. (c) To establish that an employee has a permanent, total disability the employee shall prove by a preponderance of the evidence that: (i) the employee is not gainfully employed; (ii) the employee has an impairment or combination of impairments that reasonably limit the employee's ability to do basic work activities; (iii) the industrial or occupationally caused impairment or combination of impairments prevent the employee from performing the essential functions of the work activities for which the employee has been qualified until the time of the industrial accident or occupational disease that is the basis for the employee's permanent total disability claim; and (iv) the employee cannot perform other work reasonably available, taking into consideration the employee's: (A) age; (B) education; (C) past work experience; (D) medical capacity; and (E) residual functional capacity. (d) Evidence of an employee's entitlement to disability benefits other than those provided under this chapter and Chapter 3, Utah Occupational Disease Act, if relevant: (i) may be presented to the commission; (ii) is not binding; and (iii) creates no presumption of an entitlement under this chapter and Chapter 3, Utah Occupational Disease Act. (e) In determining under Subsections (1)(b) and (c) whether an employee cannot perform other work reasonably available, the following may not be considered: (i) whether the employee is incarcerated in a facility operated by or contracting with a federal, state, county, or municipal government to house a criminal offender in either a secure or nonsecure setting; or (ii) whether the employee is not legally eligible to be employed because of a reason unrelated to the impairment or combination of impairments. (2) For permanent total disability compensation during the initial 312-week entitlement, compensation is 66-2/3% of the employee's average weekly wage at the time of the injury, limited as follows: (a) compensation per week may not be more than 85% of the state average weekly wage at the time of the injury; (b) (i) subject to Subsection (2)(b)(ii), compensation per week may not be less than the sum of $45 per week and: (A) $20 for a dependent spouse; and (B) $20 for each dependent child under the age of 18 years, up to a maximum of four dependent minor children; and (ii) the amount calculated under Subsection (2)(b)(i) may not exceed: (A) the maximum established in Subsection (2)(a); or (B) the average weekly wage of the employee at the time of the injury; and (c) after the initial 312 weeks, the minimum weekly compensation rate under Subsection (2)(b) is 36% of the current state average weekly wage, rounded to the nearest dollar. (3) This Subsection (3) applies to claims resulting from an accident or disease arising out of and in the course of the employee's employment on or before June 30, 1994. (a) The employer or the employer's insurance carrier is liable for the initial 312 weeks of permanent total disability compensation except as outlined in Section 34A-2-703 as in effect on the date of injury. (b) The employer or the employer's insurance carrier may not be required to pay compensation for any combination of disabilities of any kind, as provided in this section and Sections
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.