34A-8a-203 - Reporting. - Utah Statutes

34A-8a-203. Reporting.
(1) As used in this section, "reporting entity" means one of the following that providesbenefits under Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational DiseaseAct:
(a) a self-insured employer as defined in Section 34A-2-201.5; or
(b) a workers' compensation insurance carrier.
(2) Subject to the requirements of this section, a reporting entity shall quarterly report tothe commission the following information for the previous quarter beginning with reporting forthe quarter that begins July 1, 2009:
(a) the total number of injured workers for whom a reporting entity is required during thequarter to file an initial report under Section 34A-8a-301;
(b) the number of injured workers reported in Subsection (2)(a) for whom the reportingentity made a referral in accordance with Section 34A-8a-302;
(c) the number of injured workers reported in Subsection (2)(a) for whom the reportingentity did not make a referral in accordance with Section 34A-8a-302 because:
(i) the injured worker was not medically stable during the quarter;
(ii) the injured worker's physical capacity had not been determined during the quarter; or
(iii) liability for the injured worker's claim was under review during the quarter;
(d) the number of injured workers reported in Subsection (2)(a) for whom a referral orreemployment plan described in Section 34A-8a-302 was not necessary because:
(i) the injured worker returned to work in the same job, a new job, or a modified job:
(A) with the same employer; or
(B) a new employer;
(ii) the injured worker became self-employed;
(iii) the injured worker returned to work as a result of vocational rehabilitation supportservices, as defined by rule by the commission made in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act; or
(iv) the injured worker's disability was too severe to return to work; and
(e) other information that the commission requires by rule, made in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the voluntary efforts ofemployers under this chapter for the number of injured workers reported in Subsection (2)(a).
(3) In addition to the rulemaking authority under Subsection (2), the commission shallmake rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,regarding:
(a) the form of a report required under this section; and
(b) the procedure for filing a report required under this section.
(4) (a) If a reporting entity fails to make a report as required by this section, thecommission shall, pursuant to Title 63G, Chapter 4, Administrative Procedures Act, impose acivil assessment of up to $500 for each quarter that a reporting entity fails to make a report.
(b) (i) The commission shall deposit a civil assessment imposed under this Subsection(4) into the Uninsured Employers' Fund created by Section 34A-2-704 to be used for thepurposes of the Uninsured Employers' Fund specified in Section 34A-2-704.
(ii) The administrator of the Uninsured Employers' Fund shall collect money required tobe deposited into the Uninsured Employers' Fund under this Subsection (4) in accordance withSection 34A-2-704.

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Enacted by Chapter 158, 2009 General Session
Amended by Chapter 288, 2009 General Session, (Coordination Clause)