To be entitled to the free hospital and medical service provided for in Section 34A-4-101, a miner with a disability applying for benefits shall be required to establish under oath the following facts, which shall be conditions precedent to the granting of the free service provided for in this chapter:

(1)  that the miner is and has been a resident of this state for a period of two years immediately preceding the filing of the miner’s application;

Terms Used In Utah Code 34A-4-102

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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
(2)  that the miner has been employed in the mines of this state for a period of at least five years and that the disability from which the miner is suffering and for which the miner is in need of hospital and medical treatment is due to such employment;

(3)  that the miner is physically incapable of entering remunerative employment and holding a job;

(4)  that the miner’s disability is such that hospital and medical attention is necessary; and

(5)  that the miner is financially unable to secure and pay for hospital and medical service.

Amended by Chapter 366, 2011 General Session