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[Utah Code Table of Contents]
[TITLE 34a. Table of Contents]
34A-8-101 Title.
This chapter is known as the "Utah Injured Worker Reemployment
Act."
1997
34A-8-102 Intent statement.
This chapter is intended to promote and monitor the state's
and the employer's capacity to assist the injured worker
in returning to the work force as quickly as possible and
to evaluate the cost effectiveness of the program.
1997
34A-8-103 Chapter administration.
This chapter shall be administered by the commission in
conjunction with its administration of Chapters 2, Workers'
Compensation Act and 3, Utah Occupational Disease Act.
1997
34A-8-104 Definitions.
(1) "Disabled injured worker" means an employee who:
(a) has sustained an industrial injury or occupational disease for which benefits are provided under Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act;
(b) because of the injury or disease;
(i) is or will be unable to return to work in the injured worker's usual and customary occupation; or
(ii) is unable to perform work for which the injured worker has previous training and experience; and
(c) reasonably can be expected to attain gainful employment after receiving the reemployment training and benefits provided for in this chapter.
(2) "Division" means Division of Industrial Accidents.
(3) (a) "Gainful employment" means employment that:
(i) is reasonably attainable in view of the industrial injury or occupational disease; and
(ii) offers to the injured worker, as reasonably feasible, an opportunity for earnings.
(b) Factors to be considered in determining gainful employment include the injured worker's:
(i) education;
(ii) experience; and
(iii) physical and mental impairment and condition.
(4) "Parties" means:
(a) the disabled injured worker;
(b) employer;
(c) workers' compensation insurance carrier;
(d) reemployment coordinator; and
(e) other professionals as deemed necessary by the commission.
(5) "Reemployment plan" means the written description
or rationale for the manner and means by which it is proposed
a disabled injured worker may be returned to gainful employment.
The reemployment plan shall define the voluntary responsibilities
of the disabled injured worker, employer, and other parties
involved with the implementation of the plan.
1997
34A-8-105 Reemployment coordinator - Duties.
The commissioner shall appoint a reemployment coordinator to assist in administering this chapter. The coordinator's duties include:
(1) identifying and verifying, if necessary, the qualifications of all public or private reemployment or rehabilitation providers who render any medical or vocational reemployment or rehabilitation services, including those directly employed by an insurer, employer, or self-insurer;
(2) designing a study that will produce reliable data from employers, insurance carriers, employees, and rehabilitation providers for cost effective recommendations to carry out the intent of this chapter, the data shall include:
(a) the success rates of public and private rehabilitation and training programs in assisting in the employment of the injured worker;
(b) the costs in providing such services; and
(c) the amount of time it takes to get the injured worker into gainful employment;
(3) evaluating results to determine whether early identification of potential candidates for retraining results in overall cost reduction and return of the injured worker to gainful employment;
(4) assuring the contact and coordination of the employer or its workers' compensation insurance carrier and the disabled injured worker to encourage the development of evaluations and reemployment plans for the disabled injured worker so that the completion of the plans can be monitored by the commission;
(5) recommending procedures to avoid the duplication of services provided by other state agencies or private rehabilitation services, including registering the disabled injured worker with the Division of Employment Development in the Department of Workforce Services for reemployment; and
(6) perform other duties as may be prescribed by the commission.
1997
34A-8-106 Initial report on injured worker.
When it appears that an injured worker is or will be a
disabled injured worker, or when the period of the injured
worker's temporary total disability compensation period exceeds
90 days, whichever comes first, the employer or its workers'
compensation insurance carrier shall, within 30 days thereafter,
file with the division and serve on the injured worker an
initial written report assessing the injured worker's need
or lack of need for vocational assistance in reemployment.
The employer or carrier shall also provide the injured worker
information regarding reemployment.
1997
34A-8-107 Evaluation of injured worker - Reemployment plan.
When it appears that an injured worker is a disabled injured
worker, the employer or its workers' compensation insurance
carrier shall within ten days of receiving the initial report,
unless otherwise authorized by the division, refer the disabled
injured worker to the Utah State Office of Rehabilitation
or, at the employer's or insurance carrier's option to a
private rehabilitation or reemployment service, to provide
an evaluation and to develop a reemployment plan.
1997
34A-8-108 Reemployment objectives.
(1) The division shall administer this chapter with the objective of assisting in returning the disabled injured worker to gainful employment in the following order of employment priority:
(a) same job, same employer;
(b) modified job, same employer;
(c) same job, new employer;
(d) modified job, new employer;
(e) new job, new employer; or
(f) retraining in a new occupation.
(2) Nothing in this chapter or its application is intended to:
(a) modify or in any way affect any existing employee-employer relationship; or
(b) provide any employee with any guarantee or right to
employment or continued employment with any employer.
1997
34A-8-109 Rehabilitation counselors and reemployment coordinator.
All rehabilitation counselors and the reemployment coordinator
shall have the same or comparable qualifications as those
established by the Utah State Office of Rehabilitation for
personnel assigned to rehabilitation and evaluation duties.
1997
34A-8-110 Duties not affected.
The provisions of this chapter do not affect other duties
and responsibilities of the Utah State Office of Rehabilitation.
1997
34A-8-111 Rulemaking authority.
The commission may provide for the administration of this
chapter by rule in accordance with Title 63, Chapter 46a,
Utah Administrative Rulemaking Act.
1997
34A-8-112 Administrative review.
The employer and the injured worker may apply to the Division
of Adjudication for resolution of any issue of law or fact
arising under this chapter in accordance with Title 63, Chapter
46b, Administrative Procedures Act.
1997
34A-8-113 Effective date - Application.
This chapter is effective July 1, 1990, and it applies
only to industrial injuries and occupational diseases which
occur on or after that date.
1997
