34A-2-902 - Workers' compensation claims by emergency medical services providers -- Time limits. - Utah Statutes

34A-2-902. Workers' compensation claims by emergency medical servicesproviders -- Time limits.
(1) For all purposes of establishing a workers' compensation claim, the "date of accident"is presumed to be the date on which an emergency medical services provider first tests positivefor a disease, as defined in Section 78B-8-401. However, for purposes of establishing the rate ofworkers' compensation benefits under Subsection 34A-2-702(5), if a positive test for a diseaseoccurs within three months after termination of employment, the last date of employment ispresumed to be the "date of accident."
(2) The time limits prescribed by Section 34A-2-417 do not apply to an employee whosedisability is due to a disease, so long as the employee who claims to have suffered a significantexposure in the service of his employer gives notice, as required by Section 34A-3-108, of the"date of accident."
(3) Any claim for workers' compensation benefits or medical expenses shall be filed withthe Division of Adjudication of the Labor Commission within one year after the date on whichthe employee first becomes disabled or requires medical treatment for a disease, or within oneyear after the termination of employment as an emergency medical services provider, whicheveroccurs later.

Amended by Chapter 3, 2008 General Session