34A-2-423 - Survival of claim in case of death. - Utah Statutes

34A-2-423. Survival of claim in case of death.
(1) As used in this section:
(a) "Estate" is as defined in Section 75-1-201.
(b) "Personal representative" is as defined in Section 75-1-201.
(2) The personal representative of the estate of an employee may adjudicate anemployee's claim for compensation under this chapter if in accordance with this chapter, theemployee files a claim:
(a) before the employee dies; and
(b) for compensation for an industrial accident or occupational disease for whichcompensation 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 thischapter for the claim described in Subsection (2)(a), the commission shall order thatcompensation be paid for the period:
(a) beginning on the day on which the employee is entitled to receive compensationunder 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 theestate of the employee.
(b) The commission may apportion any compensation paid to dependents under thisSubsection (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 accidentor occupational disease that is the basis of the employee's claim, the compensation awardedunder this section shall be in addition to death benefits awarded in accordance with Section34A-2-414.

Enacted by Chapter 67, 2003 General Session