Utah Code » Title 34A, Chapter 2 — Workers' Compensation Act; part 34A-2-4 — Compensation and Benefits
Utah Code

Utah Code § 34A-2-410 (2026)

Temporary disability -- Amount of payments -- State average weekly wage defined

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Subject to Subsections (1)(b) and (5), in case of temporary disability, so long as the disability is total, the employee shall receive 66-2/3% of that employee's average weekly wages at the time of the injury but:
not more than a maximum of 100% of the state average weekly wage at the time of the injury per week; and
subject to Subsections (1)(a)(ii)(B) and (C), not less than a minimum of $45 per week plus:
$20 for a dependent spouse; and
$20 for each dependent child under the age of 18 years, up to a maximum of four dependent children;
not to exceed the average weekly wage of the employee at the time of the injury; and
not to exceed 100% of the state average weekly wage at the time of the injury per week.
In no case shall the compensation benefits exceed 312 weeks at the rate of 100% of the state average weekly wage at the time of the injury over a period of 12 years from the date of the injury.
If a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be paid.
The "state average weekly wage" as referred to in this chapter and Chapter 3, Utah Occupational Disease Act, shall be determined by the commission as follows:
On or before June 1 of each year, the total wages reported on contribution reports to the Unemployment Insurance Division for the preceding calendar year shall be divided by the average monthly number of insured workers determined by dividing the total insured workers reported for the preceding year by 12.
The average annual wage obtained under Subsection (3)(a) shall be divided by 52.
The average weekly wage determined under Subsection (3)(b) is rounded to the nearest dollar.
The state average weekly wage determined under Subsection (3) shall be used as the basis for computing the maximum compensation rate for:
injuries or disabilities arising from occupational disease that occurred during the 12-month period commencing July 1 following the June 1 determination; and
any death resulting from the injuries or disabilities arising from occupational disease.
The commission may reduce or terminate temporary disability compensation in accordance with Section 34A-2-410.5.
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1998–2025 · leading case: Petersen v. Utah Labor Comm'n, 2017 UT 87 (Utah 2017).
Sort: Relevance Newest Treatment
Petersen v. Utah Labor Comm'n, 2017 UT 87 (Utah 2017). · cites it 3× “UTAH CODE § 34A-2-410 (2016). 30 This would be a different case if the legislature had initially provided a remedy in the WCA in 1917 that it subsequently took away.”
Stampin' Up, Inc. v. Labor Comm'n, 2011 UT App 147 (Utah Ct. App. 2011). · cites it 12× “WCF did not resume paying temporary disability benefits on that date on the ground that light-duty work remained available pursuant to Utah Code section 34A-2-410(2), see Utah Code Ann. § 34A-2-410(2) (Supp.2010), 2 but "Gonzalez had constructive *252 ly rejected it because of…”
Hutchings v. Labor Comm'n, 2016 UT App 160 (Utah Ct. App. 2016). “§ 34A-2-410 (LexisNexis 2015), but "that the work exertion at the time of the accident was unusual or extraordinary as compared to the exertions of nonemployment life," see Allen v.”
Graphic Packaging Intl v. Labor Comm'n, 2021 UT App 82 (Utah Ct. App. 2021). · cites it 2× “¶30 Utah workers’ compensation law provides that, “[i]f a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be…”
Hinton v. Midwest Fam. Mut. Ins., 2025 UT 4 (Utah 2025). · cites it 3× “§§ 34A-2-410, -411, and medical expenses, see id.”
Burgess v. Siaperas Sand & Gravel, 965 P.2d 583 (Utah Ct. App. 1998). · cites it 2× “Currently, Utah Code Ann. § 34A-2-420 (1997). 5 . Currently, Utah Code Ann.”
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014). “§ 34A-2-410. In fact, Prows received benefits for his temporary total disability until doctors agreed he had reached maximum medical improvement.”
A1 Pioneer Moving v. Labor Comm'n, 2021 UT App 115 (Utah Ct. App. 2021). · cites it 8× “See Utah Code Ann. § 34A-2-410 (LexisNexis 2019) (“If a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be…”
LPI Servs. v. Labor Comm'n, 2007 UT App 375 (Utah Ct. App. 2007). “§ 34A-2-410(8). {$22 Finally, we note that the Commission has the authority to evaluate the additional factors in rule 612-1-10.”
Waste Mgmt. & Indem. Ins. of North Am. v. Labor Comm'n, 2012 UT App 339 (Utah Ct. App. 2012). · cites it 4× “See Utah Code Ann. § 34A-2-410 (LexisNexis 2011).”
— Utah Code § 34A-2-410(1)(a) — 1 case
Hinton v. Midwest Fam. Mut. Ins., 2025 UT 4 (Utah 2025). “§§ 34A-2-410, -411, and medical expenses, see id.”
— Utah Code § 34A-2-410(2) — 3 cases
Stampin' Up, Inc. v. Labor Comm'n, 2011 UT App 147 (Utah Ct. App. 2011). “WCF did not resume paying temporary disability benefits on that date on the ground that light-duty work remained available pursuant to Utah Code section 34A-2-410(2), see Utah Code Ann. § 34A-2-410(2) (Supp.2010), 2 but "Gonzalez had constructive *252 ly rejected it because of…”
Graphic Packaging Intl v. Labor Comm'n, 2021 UT App 82 (Utah Ct. App. 2021). “¶30 Utah workers’ compensation law provides that, “[i]f a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be…”
A1 Pioneer Moving v. Labor Comm'n, 2021 UT App 115 (Utah Ct. App. 2021). “See Utah Code Ann. § 34A-2-410 (LexisNexis 2019) (“If a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be…”
— Utah Code § 34A-2-410(8) — 1 case
LPI Servs. v. Labor Comm'n, 2007 UT App 375 (Utah Ct. App. 2007). “§ 34A-2-410(8). {$22 Finally, we note that the Commission has the authority to evaluate the additional factors in rule 612-1-10.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.