(1)  Certain miners with a disability meeting the requirements of Section 34A-4-102 shall be entitled to, and shall receive, the free hospital and medical service provided for in this chapter.

(2)  Notwithstanding Subsection (1), in the event occupational diseases are made compensable under Chapter 2, Workers’ Compensation Act, or Chapter 3, Utah Occupational Disease Act, no employer or insurance carrier shall be permitted to evade payment under Chapter 2, Workers’ Compensation Act, or Chapter 3, Utah Occupational Disease Act, by compelling a miner with a disability to avail the miner of the benefits provided for in this chapter.

Amended by Chapter 366, 2011 General Session