For purposes of this section, “injury” means a physical or mental injury or disease for which an employee of Utah who is injured or contracts the disease in the course of the employee’s employment would be entitled to benefits under Title 34A, Chapter 2, Workers’ Compensation Act.
Terms Used In Utah Code 26B-4-811
Emergency: means :
(a)
a state of emergency declared by:
(i)
the president of the United States;
(ii)
the governor in accordance with 2; and
(iii)
the chief executive officer of a political subdivision in accordance with 2, for a local emergency; or
(b)
a public health emergency declared by:
(i)
the executive director through a public health order in accordance with this title; or
(ii)
a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801
Health practitioner: means an individual licensed under Utah law or another state to provide health or veterinary services. See Utah Code 26B-4-801
State: means :
(a)
a state of the United States;
(b)
the District of Columbia;
(c)
Puerto Rico;
(d)
the United States Virgin Islands; or
(e)
any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-4-801
Volunteer health practitioner: means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. See Utah Code 26B-4-801
In accordance with Section 34A-2-105, the workers’ compensation benefits described in Subsection (3) are the exclusive remedy against the state or an officer, agent, or employee of the state, for all injuries and occupational diseases resulting from the volunteer health practitioner’s services for the state.
(b)
For purposes of Subsection (4)(a), the state is considered the employer of the volunteer health practitioner.
(5)
To compute the workers’ compensation benefits for a volunteer health practitioner described in Subsection (3), the average weekly wage of the volunteer health practitioner shall be the state’s average weekly wage at the time of the emergency that is the basis for the volunteer health practitioner’s workers’ compensation claim.
(6)
(a)
The Labor Commission shall:
(i)
adopt rules, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death by volunteer health practitioners who reside in other states; and
(ii)
consult with and consider the practices for filing, processing, and paying claims by agencies with similar authority in other states to promote uniformity of application of this chapter with other states that enact similar legislation.
(b)
The Labor Commission may waive or modify requirements for filing, processing, and paying claims that unreasonably burden the volunteer health practitioners.
Renumbered and Amended by Chapter 307, 2023 General Session
