Need help with an employment contract? Have it reviewed by a lawyer, get answers to your questions and move forward with confidence. Connect with a lawyer now
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
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
“Personal representative” is as defined in Section 75-1-201.
(2)
The personal representative of the estate of an employee may adjudicate an employee’s claim for compensation under this chapter if in accordance with this chapter, the employee files a claim:
(a)
before the employee dies; and
(b)
for compensation for an industrial accident or occupational disease for which compensation is payable under this chapter or Chapter 3, Utah Occupational Disease Act.
(3)
If the commission finds that the employee is entitled to compensation under this chapter for the claim described in Subsection (2)(a), the commission shall order that compensation be paid for the period:
(a)
beginning on the day on which the employee is entitled to receive compensation under this chapter; and
(b)
ending on the day on which the employee dies.
(4)
(a)
Compensation awarded under Subsection (3) shall be paid to:
(i)
if the employee has one or more dependents on the day on which the employee dies, to the dependents of the employee; or
(ii)
if the employee has no dependents on the day on which the employee dies, to the estate of the employee.
(b)
The commission may apportion any compensation paid to dependents under this Subsection (4) in the manner that the commission considers just and equitable.
(5)
If an employee that files a claim under this chapter dies from the industrial accident or occupational disease that is the basis of the employee’s claim, the compensation awarded under this section shall be in addition to death benefits awarded in accordance with Section 34A-2-414.
