26-49-601 - Workers' compensation coverage. - Utah Statutes

26-49-601. Workers' compensation coverage.
(1) For purposes of this section, "injury" means a physical or mental injury or disease forwhich an employee of Utah who is injured or contracts the disease in the course of theemployee's employment would be entitled to benefits under Title 34A, Chapter 2, Workers'Compensation Act.
(2) A volunteer health practitioner is considered a state employee for purposes ofreceiving workers' compensation medical benefits under Title 34A, Chapter 2, Workers'Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(3) The state shall provide workers' compensation benefits for a volunteer healthpractitioner under:
(a) Title 34A, Chapter 2, Workers' Compensation Act; and
(b) Title 34A, Chapter 3, Utah Occupational Disease Act.
(4) (a) In accordance with Section 34A-2-105, the workers' compensation benefitsdescribed in Subsection (3) are the exclusive remedy against the state or an officer, agent, oremployee of the state, for all injuries and occupational diseases resulting from the volunteerhealth practitioner's services for the state.
(b) For purposes of Subsection (4)(a), the state is considered the employer of thevolunteer health practitioner.
(5) To compute the workers' compensation benefits for a volunteer health practitionerdescribed in Subsection (3), the average weekly wage of the volunteer health practitioner shall bethe state's average weekly wage at the time of the emergency that is the basis for the volunteerhealth practitioner's workers' compensation claim.
(6) (a) The Labor Commission shall:
(i) adopt rules, enter into agreements with other states, or take other measures to facilitatethe receipt of benefits for injury or death by volunteer health practitioners who reside in otherstates; and
(ii) consult with and consider the practices for filing, processing, and paying claims byagencies with similar authority in other states to promote uniformity of application of this chapterwith other states that enact similar legislation.
(b) The Labor Commission may waive or modify requirements for filing, processing, andpaying claims that unreasonably burden the volunteer health practitioners.

Enacted by Chapter 242, 2008 General Session