Superseded 7/1/2024)

Superseded 7/1/2024
34A-2-102.  Definitions.

(1)  As used in this chapter:

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Terms Used In Utah Code 34A-2-102

  • Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
  • Award: means a final order of the commission as to the amount of compensation due:
(i) an injured employee; or
(ii) a dependent of a deceased employee. See Utah Code 34A-2-102
  • Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102
  • Child: includes :
    (i) a posthumous child; or
    (ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
  • Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
  • Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
  • Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
  • Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
  • Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
  • Person: means :Utah Code 68-3-12.5
    • (a)  “Average weekly wages” means the average weekly wages as determined under Section 34A-2-409.

    (b)  “Award” means a final order of the commission as to the amount of compensation due:

    (i)  an injured employee; or

    (ii)  a dependent of a deceased employee.

    (c)  “Compensation” means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act.

    (d) 

    (i)  “Decision” means a ruling of:

    (A)  an administrative law judge; or

    (B)  in accordance with Section 34A-2-801:

    (I)  the commissioner; or

    (II)  the Appeals Board.

    (ii)  “Decision” includes:

    (A)  an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or

    (B)  another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act.

    (e)  “Director” means the director of the division, unless the context requires otherwise.

    (f)  “Disability” means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. Disability can be total or partial, temporary or permanent, industrial or nonindustrial.

    (g)  “Division” means the Division of Industrial Accidents.

    (h)  “First responder” means:

    (i)  a law enforcement officer, as defined in Section 53-13-103;

    (ii)  an emergency medical technician, as defined in Section 26B-4-137;

    (iii)  an advanced emergency medical technician, as defined in Section 26B-4-137;

    (iv)  a paramedic, as defined in Section 26B-4-137;

    (v)  a firefighter, as defined in Section 34A-3-113;

    (vi)  a dispatcher, as defined in Section 53-6-102; or

    (vii)  a correctional officer, as defined in Section 53-13-104.

    (i)  “Impairment” is a purely medical condition reflecting an anatomical or functional abnormality or loss. Impairment may be either temporary or permanent, industrial or nonindustrial.

    (j)  “Order” means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons.

    (k) 

    (i)  “Personal injury by accident arising out of and in the course of employment” includes an injury caused by the willful act of a third person directed against an employee because of the employee’s employment.

    (ii)  “Personal injury by accident arising out of and in the course of employment” does not include a disease, except as the disease results from the injury.

    (l)  “Safe” and “safety,” as applied to employment or a place of employment, means the freedom from danger to the life or health of employees reasonably permitted by the nature of the employment.

    • (2)  As used in this chapter and Chapter 3, Utah Occupational Disease Act:

    (a)  “Brother or sister” includes a half brother or sister.

    (b)  “Child” includes:

    (i)  a posthumous child; or

    (ii)  a child legally adopted prior to an injury.

    Amended by Chapter 328, 2023 General Session

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