Utah Code 34A-2-411. Temporary partial disability — Amount of payments

34A-2-411. Temporary partial disability — Amount of payments.

(1)

If the injury causes temporary partial disability for work, the employee shall receive weekly compensation equal to:

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Terms Used In Utah Code 34A-2-411

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

Child: includes :

(i)	a posthumous child; or

(ii)

a child legally adopted prior to an injury. See Utah Code 34A-2-102

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.

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

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

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

66-2/3% of the difference between the employee’s average weekly wages before the accident and the weekly wages the employee is able to earn after the accident, but not more than 100% of the state average weekly wage at the time of injury; plus

(b)	$20 for a dependent spouse and $20 for each dependent child under the age of 18 years, up to a maximum of four such dependent children, but only up to a total weekly compensation that does not exceed 100% of the state average weekly wage at the time of injury.

(2)

The commission may order an award for temporary partial disability for work at any time prior to 12 years after the date of the injury to an employee:

(a)	whose physical condition resulting from the injury is not finally healed and fixed 12 years after the date of injury; and

(b)	who files an application for hearing under Section 34A-2-417.

(3)	The duration of weekly payments may not exceed 312 weeks nor continue more than 12 years after the date of the injury. Payments shall terminate when the disability ends or the injured employee dies.

Amended by Chapter 451, 2018 General Session

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