Utah Code
Utah Code § 34A-2-413 (2026)
Permanent total disability -- Amount of payments -- Rehabilitation
✓ current as of May 2026
Find cases:
SyfertCases citing this section
UT-LEGle.utah.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
In the case of a permanent total disability resulting from an industrial accident or occupational disease, the employee shall receive compensation as outlined in this section.
To establish entitlement to permanent total disability compensation, the employee shall prove by a preponderance of evidence that:
the employee sustained a significant impairment or combination of impairments as a result of the industrial accident or occupational disease that gives rise to the permanent total disability entitlement;
the employee has a permanent, total disability; and
the industrial accident or occupational disease is the direct cause of the employee's permanent total disability.
To establish that an employee has a permanent, total disability the employee shall prove by a preponderance of the evidence that:
the employee is not gainfully employed;
the employee has an impairment or combination of impairments that reasonably limit the employee's ability to do basic work activities;
the industrial or occupationally caused impairment or combination of impairments prevent the employee from performing the essential functions of the work activities for which the employee has been qualified until the time of the industrial accident or occupational disease that is the basis for the employee's permanent total disability claim; and
the employee cannot perform other work reasonably available, taking into consideration the employee's:
age;
education;
past work experience;
medical capacity; and
residual functional capacity.
Evidence of an employee's entitlement to disability benefits other than those provided under this chapter and Chapter 3, Utah Occupational Disease Act, if relevant:
may be presented to the commission;
is not binding; and
creates no presumption of an entitlement under this chapter and Chapter 3, Utah Occupational Disease Act.
In determining under Subsections (1)(b) and (c) whether an employee cannot perform other work reasonably available, the following may not be considered:
whether the employee is incarcerated in a facility operated by or contracting with a federal, state, county, or municipal government to house a criminal offender in either a secure or nonsecure setting; or
whether the employee is not legally eligible to be employed because of a reason unrelated to the impairment or combination of impairments.
For permanent total disability compensation during the initial 312-week entitlement, compensation is 66-2/3% of the employee's average weekly wage at the time of the injury, limited as follows:
compensation per week may not be more than 85% of the state average weekly wage at the time of the injury;
subject to Subsection (2)(b)(ii), compensation per week may not be less than the sum of $45 per week and:
$20 for a dependent spouse; and
$20 for each dependent child under the age of 18 years, up to a maximum of four dependent minor children; and
after the initial 312 weeks, the minimum weekly compensation rate under Subsection (2)(b) is 36% of the current state average weekly wage, rounded to the nearest dollar.
This Subsection (3) applies to claims resulting from an accident or disease arising out of and in the course of the employee's employment on or before June 30, 1994.
The employer or the employer's insurance carrier is liable for the initial 312 weeks of permanent total disability compensation except as outlined in Section 34A-2-703 as in effect on the date of injury.
The employer or the employer's insurance carrier may not be required to pay compensation for any combination of disabilities of any kind, as provided in this section and Sections 34A-2-410 through 34A-2-412 and Part 5, Industrial Noise, in excess of the amount of compensation payable over the initial 312 weeks at the applicable permanent total disability compensation rate under Subsection (2).
The Employers' Reinsurance Fund shall for an overpayment of compensation described in Subsection (3)(b), reimburse the overpayment:
to the employer or the employer's insurance carrier; and
out of the Employers' Reinsurance Fund's liability to the employee.
After an employee receives compensation from the employee's employer, the employer's insurance carrier, or the Employers' Reinsurance Fund for any combination of disabilities amounting to 312 weeks of compensation at the applicable permanent total disability compensation rate, the Employers' Reinsurance Fund shall pay all remaining permanent total disability compensation.
This Subsection (4) applies to claims resulting from an accident or disease arising out of and in the course of the employee's employment on or after July 1, 1994.
The employer or the employer's insurance carrier is liable for permanent total disability compensation.
The employer or the employer's insurance carrier may not be required to pay compensation for any combination of disabilities of any kind, as provided in this section and Sections 34A-2-410 through 34A-2-412 and Part 5, Industrial Noise, in excess of the amount of compensation payable over the initial 312 weeks at the applicable permanent total disability compensation rate under Subsection (2).
The employer or the employer's insurance carrier may recoup the overpayment of compensation described in Subsection (4) by reasonably offsetting the overpayment against future liability paid before or after the initial 312 weeks.
A finding by the commission of permanent total disability is not final, unless otherwise agreed to by the parties, until:
an administrative law judge reviews a summary of reemployment activities undertaken pursuant to Section 34A-2-413.5;
the employer or the employer's insurance carrier submits to the administrative law judge:
a reemployment plan as prepared by a qualified rehabilitation provider reasonably designed to return the employee to gainful employment; or
notice that the employer or the employer's insurance carrier will not submit a plan; and
the administrative law judge, after notice to the parties, holds a hearing, unless otherwise stipulated, to:
consider evidence regarding rehabilitation; and
review any reemployment plan submitted by the employer or the employer's insurance carrier under Subsection (5)(a)(ii).
Before commencing the procedure required by Subsection (5)(a), the administrative law judge shall order:
the initiation of permanent total disability compensation payments to provide for the employee's subsistence; and
the payment of any undisputed disability or medical benefits due the employee.
Notwithstanding Subsection (5)(a), an order for payment of benefits described in Subsection (5)(b) is considered a final order for purposes of Section 34A-2-212.
The employer or the employer's insurance carrier shall be given credit for any disability payments made under Subsection (5)(b) against its ultimate disability compensation liability under this chapter or Chapter 3, Utah Occupational Disease Act.
An employer or the employer's insurance carrier may not be ordered to submit a reemployment plan. If the employer or the employer's insurance carrier voluntarily submits a plan, the plan is subject to Subsections (5)(e)(i) through (iii).
The plan may include, but not require an employee to pay for:
retraining;
education;
medical and disability compensation benefits;
job placement services; or
incentives calculated to facilitate reemployment.
The plan shall include payment of reasonable disability compensation to provide for the employee's subsistence during the rehabilitation process.
The employer or the employer's insurance carrier shall diligently pursue the reemployment plan. The employer's or insurance carrier's failure to diligently pursue the reemployment plan is cause for the administrative law judge on the administrative law judge's own motion to make a final decision of permanent total disability.
If a preponderance of the evidence shows that successful rehabilitation is not possible, the administrative law judge shall order that the employee be paid weekly permanent total disability compensation benefits.
If a preponderance of the evidence shows that pursuant to a reemployment plan, as prepared by a qualified rehabilitation provider and presented under Subsection (5)(e), an employee could immediately or without unreasonable delay return to work but for the following, an administrative law judge shall order that the employee be denied the payment of weekly permanent total disability compensation benefits:
incarceration in a facility operated by or contracting with a federal, state, county, or municipal government to house a criminal offender in either a secure or nonsecure setting; or
not being legally eligible to be employed because of a reason unrelated to the impairment or combination of impairments.
The period of benefits commences on the date the employee acquired the permanent, total disability, as determined by a final order of the commission based on the facts and evidence, and ends:
with the death of the employee; or
when the employee is capable of returning to regular, steady work.
An employer or the employer's insurance carrier may provide or locate for a permanently totally disabled employee reasonable, medically appropriate, part-time work in a job earning at least minimum wage, except that the employee may not be required to accept the work to the extent that it would disqualify the employee from social security disability benefits.
An employee shall:
fully cooperate in the placement and employment process; and
accept the reasonable, medically appropriate, part-time work.
In a consecutive four-week period when an employee's gross income from the work provided under Subsection (6)(b) exceeds $500, the employer or insurance carrier may reduce the employee's permanent total disability compensation by 50% of the employee's income in excess of $500.
If a work opportunity is not provided by the employer or the employer's insurance carrier, an employee with a permanent, total disability may obtain medically appropriate, part-time work subject to the offset provisions of Subsection (6)(d).
The commission shall establish rules regarding the part-time work and offset.
The adjudication of disputes arising under this Subsection (6) is governed by Part 8, Adjudication.
The employer or the employer's insurance carrier has the burden of proof to show that medically appropriate part-time work is available.
The administrative law judge may:
excuse an employee from participation in any work:
that would require the employee to undertake work exceeding the employee's:
medical capacity; or
residual functional capacity; or
for good cause; or
allow the employer or the employer's insurance carrier to reduce permanent total disability benefits as provided in Subsection (6)(d) when reasonable, medically appropriate, part-time work is offered, but the employee fails to fully cooperate.
When an employee is rehabilitated or the employee's rehabilitation is possible but the employee has some loss of bodily function, the award shall be for permanent partial disability.
As determined by an administrative law judge, an employee is not entitled to disability compensation, unless the employee fully cooperates with any evaluation or reemployment plan under this chapter or Chapter 3, Utah Occupational Disease Act. The administrative law judge shall dismiss without prejudice the claim for benefits of an employee if the administrative law judge finds that the employee fails to fully cooperate, unless the administrative law judge states specific findings on the record justifying dismissal with prejudice.
The loss or permanent and complete loss of the use of the following constitutes total and permanent disability that is compensated according to this section:
both hands;
both arms;
both feet;
both legs;
both eyes; or
any combination of two body members described in this Subsection (9)(a).
A finding of permanent total disability pursuant to Subsection (9)(a) is final.
An insurer or self-insured employer may periodically reexamine a permanent total disability claim, except those based on Subsection (9), for which the insurer or self-insured employer had or has payment responsibility to determine whether the employee continues to have a permanent, total disability.
Reexamination may be conducted no more than once every three years after an award is final, unless good cause is shown by the employer or the employer's insurance carrier to allow more frequent reexaminations.
The reexamination may include:
the review of medical records;
employee submission to one or more reasonable medical evaluations;
employee submission to one or more reasonable rehabilitation evaluations and retraining efforts;
employee disclosure of Federal Income Tax Returns;
employee certification of compliance with Section 34A-2-110; and
employee completion of one or more sworn affidavits or questionnaires approved by the division.
The insurer or self-insured employer shall pay for the cost of a reexamination with appropriate employee reimbursement pursuant to rule for reasonable travel allowance and per diem as well as reasonable expert witness fees incurred by the employee in supporting the employee's claim for permanent total disability benefits at the time of reexamination.
If an employee fails to fully cooperate in the reasonable reexamination of a permanent total disability finding, an administrative law judge may order the suspension of the employee's permanent total disability benefits until the employee cooperates with the reexamination.
If the reexamination of a permanent total disability finding reveals evidence that reasonably raises the issue of an employee's continued entitlement to permanent total disability compensation benefits, an insurer or self-insured employer may petition the Division of Adjudication for a rehearing on that issue. The insurer or self-insured employer shall include with the petition, documentation supporting the insurer's or self-insured employer's belief that the employee no longer has a permanent, total disability.
If the petition under Subsection (10)(f)(i) demonstrates good cause, as determined by the Division of Adjudication, an administrative law judge shall adjudicate the issue at a hearing.
Evidence of an employee's participation in medically appropriate, part-time work may not be the sole basis for termination of an employee's permanent total disability entitlement, but the evidence of the employee's participation in medically appropriate, part-time work under Subsection (6) may be considered in the reexamination or hearing with other evidence relating to the employee's status and condition.
During the period of reexamination or adjudication, if the employee fully cooperates, each insurer, self-insured employer, or the Employers' Reinsurance Fund shall continue to pay the permanent total disability compensation benefits due the employee.
If any provision of this section, or the application of any provision to any person or circumstance, is held invalid, the remainder of this section is given effect without the invalid provision or application.
Notes of Decisions
Cited in 37
cases (4 in the last 5 years), 1998–2024 · leading case: Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004).
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “For example, the legislature expressly granted the Commission discretion in section 34A-2-413 when it mandated that "Itlhe commission shall establish rules regarding part-time work and offset.”
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “The Commission confirmed the ALJ's decision that Martinez had failed to satisfy two of the elements required to establish permanent total disability under section 34A-2-413. First, using Martinez's work at McDonald's as a benchmark, the Commission concluded that Martinez had…”
Quast v. Utah Labor Comm'n, 2017 UT 40 (Utah 2017). “, dissenting ASSOCIATE CHIEF JUSTICE LEE, dissenting: ¶ 29 The majority reverses the court of appeals and affirms the decision of the labor commission denying Rashell Quast’s application for permanent total disability benefits. It does so on the ground that Quast failed to show…”
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
Utah Am. Energy v. Labor Comm'n, 2021 UT App 33 (Utah Ct. App. 2021). “” See Utah Code Ann. § 34A-2-413(1)(b)(i). Grammatically, then, the thing that must “give[] rise to the permanent total disability entitlement” is the “industrial accident or occupational disease” that forms the basis for the injured worker’s claim.”
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “§ 34A-2-413(1)(b)-(c). T7 The WCF argues that the labor commission erred when it awarded permanent total disability payments because Mr.”
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). “[Albert] never returned to work after the June 16, 1997 industrial accident, and thereafter by consensus remained permanently and totally disabled.”
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “See Utah Code Ann. § 34A-2-413(1)(b) (Supp.2010).”
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
Ameritemps, Inc. v. Utah Labor Comm'n, 152 P.3d 298 (Utah 2007). “WILKINS, Associate Chief Justice: {1 We granted certiorari in this case to determine a single issue: whether an initial finding of permanent total disability under Utah Code section 34A-2-413 constitutes a final agency action for purposes of appellate review.”
— Utah Code § 34A-2-413(1) — 7 cases
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “The Commission confirmed the ALJ's decision that Martinez had failed to satisfy two of the elements required to establish permanent total disability under section 34A-2-413. First, using Martinez's work at McDonald's as a benchmark, the Commission concluded that Martinez had…”
Watson v. Labor Comm'n, 2020 UT App 170 (Utah Ct. App. 2020).
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013).
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
Clawson v. Labor Comm'n, Div. of Adjudication, 2013 UT App 123 (Utah Ct. App. 2013).
— Utah Code § 34A-2-413(1)(0) — 1 case
Clawson v. Labor Comm'n, Div. of Adjudication, 2013 UT App 123 (Utah Ct. App. 2013).
— Utah Code § 34A-2-413(1)(b) — 15 cases
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “See Utah Code Ann. § 34A-2-413(1)(b) (Supp.2010).”
Yesco v. Labor Comm'n, 2021 UT App 96 (Utah Ct. App. 2021).
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “§ 34A-2-413(1)(b)-(c). T7 The WCF argues that the labor commission erred when it awarded permanent total disability payments because Mr.”
— Utah Code § 34A-2-413(1)(b)(i) — 3 cases
Utah Am. Energy v. Labor Comm'n, 2021 UT App 33 (Utah Ct. App. 2021). “” See Utah Code Ann. § 34A-2-413(1)(b)(i). Grammatically, then, the thing that must “give[] rise to the permanent total disability entitlement” is the “industrial accident or occupational disease” that forms the basis for the injured worker’s claim.”
Fogleman v. Labor Comm'n, 2015 UT App 294 (Utah Ct. App. 2015).
Rouse v. Labor Comm'n, 2024 UT App 77 (Utah Ct. App. 2024).
— Utah Code § 34A-2-413(1)(b)(ii) — 4 cases
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
Mercado v. Labor Comm'n, 2014 UT App 268 (Utah Ct. App. 2014).
Guzman v. Labor Comm'n, 2015 UT App 310 (Utah Ct. App. 2015).
— Utah Code § 34A-2-413(1)(b)(iii) — 5 cases
Utah Am. Energy v. Labor Comm'n, 2021 UT App 33 (Utah Ct. App. 2021). “” See Utah Code Ann. § 34A-2-413(1)(b)(i). Grammatically, then, the thing that must “give[] rise to the permanent total disability entitlement” is the “industrial accident or occupational disease” that forms the basis for the injured worker’s claim.”
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “§ 34A-2-413(1)(b)-(c). T7 The WCF argues that the labor commission erred when it awarded permanent total disability payments because Mr.”
Mercado v. Labor Comm'n, 2014 UT App 268 (Utah Ct. App. 2014).
Clawson v. Labor Comm'n, Div. of Adjudication, 2013 UT App 123 (Utah Ct. App. 2013).
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015).
— Utah Code § 34A-2-413(1)(c) — 11 cases
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “The Commission confirmed the ALJ's decision that Martinez had failed to satisfy two of the elements required to establish permanent total disability under section 34A-2-413. First, using Martinez's work at McDonald's as a benchmark, the Commission concluded that Martinez had…”
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014).
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Quast v. Labor Comm'n, 2015 UT App 267 (Utah Ct. App. 2015).
— Utah Code § 34A-2-413(1)(c)(i) — 4 cases
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014).
Clawson v. Labor Comm'n, Div. of Adjudication, 2013 UT App 123 (Utah Ct. App. 2013).
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015).
— Utah Code § 34A-2-413(1)(c)(ii) — 7 cases
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
Quast v. Utah Labor Comm'n, 2017 UT 40 (Utah 2017). “, dissenting ASSOCIATE CHIEF JUSTICE LEE, dissenting: ¶ 29 The majority reverses the court of appeals and affirms the decision of the labor commission denying Rashell Quast’s application for permanent total disability benefits. It does so on the ground that Quast failed to show…”
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “§ 34A-2-413(1)(b)-(c). T7 The WCF argues that the labor commission erred when it awarded permanent total disability payments because Mr.”
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
Oliver v. Labor Comm'n, 2015 UT App 225 (Utah Ct. App. 2015).
— Utah Code § 34A-2-413(1)(c)(iii) — 5 cases
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
Watson v. Labor Comm'n, 2020 UT App 170 (Utah Ct. App. 2020).
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
Rouse v. Labor Comm'n, 2024 UT App 77 (Utah Ct. App. 2024).
Guzman v. Labor Comm'n, 2015 UT App 310 (Utah Ct. App. 2015).
— Utah Code § 34A-2-413(1)(c)(iv) — 6 cases
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
Quast v. Utah Labor Comm'n, 2017 UT 40 (Utah 2017). “, dissenting ASSOCIATE CHIEF JUSTICE LEE, dissenting: ¶ 29 The majority reverses the court of appeals and affirms the decision of the labor commission denying Rashell Quast’s application for permanent total disability benefits. It does so on the ground that Quast failed to show…”
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “For example, the legislature expressly granted the Commission discretion in section 34A-2-413 when it mandated that "Itlhe commission shall establish rules regarding part-time work and offset.”
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
LPI Servs. v. Labor Comm'n, 2007 UT App 375 (Utah Ct. App. 2007).
— Utah Code § 34A-2-413(1)(c)(iv)(A) — 1 case
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
— Utah Code § 34A-2-413(1)(c)(iv)(E) — 1 case
Macys Southtowne v. Labor Comm'n, 2019 UT App 148 (Utah Ct. App. 2019). “2d 1363, 1366 (Utah 1986), whereas the purpose of permanent total disability benefits is to compensate injured workers who cannot return to work, see Utah Code Ann. § 34A-2-413 (LexisNexis Supp.”
— Utah Code § 34A-2-413(1)(e) — 1 case
Martinez v. Media-Paymaster Plus, 2005 UT App 308 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(1)(ec)(iv) — 1 case
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “For example, the legislature expressly granted the Commission discretion in section 34A-2-413 when it mandated that "Itlhe commission shall establish rules regarding part-time work and offset.”
— Utah Code § 34A-2-413(10) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(10)(a) — 1 case
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014).
— Utah Code § 34A-2-413(10)(b) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(11)(a) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(2) — 2 cases
O Connor v. Labor Comm'n, 2020 UT App 49 (Utah Ct. App. 2020).
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(5) — 3 cases
Merrill v. Utah Labor Comm'n, 2009 UT 26 (Utah 2009).
Caputo v. Workers' Comp. Appeal Bd., 34 A.3d 908 (Pa. Commw. Ct. 2012).
Merrill v. Labor Comm'n, 2007 UT App 214 (Utah Ct. App. 2007).
— Utah Code § 34A-2-413(5)(F) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013).
— Utah Code § 34A-2-413(5)(a) — 2 cases
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “See Utah Code Ann. § 34A-2-413(1)(b) (Supp.2010).”
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017).
— Utah Code § 34A-2-413(5)(b)(i) — 1 case
Merrill v. Utah Labor Comm'n, 2009 UT 26 (Utah 2009).
— Utah Code § 34A-2-413(5)(e) — 1 case
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “See Utah Code Ann. § 34A-2-413(1)(b) (Supp.2010).”
— Utah Code § 34A-2-413(5)(e)(iii) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013).
— Utah Code § 34A-2-413(5)(f) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013).
— Utah Code § 34A-2-413(6) — 1 case
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
— Utah Code § 34A-2-413(6)(a) — 3 cases
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Ameritemps, Inc. v. Utah Labor Comm'n, 152 P.3d 298 (Utah 2007). “WILKINS, Associate Chief Justice: {1 We granted certiorari in this case to determine a single issue: whether an initial finding of permanent total disability under Utah Code section 34A-2-413 constitutes a final agency action for purposes of appellate review.”
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). “[Albert] never returned to work after the June 16, 1997 industrial accident, and thereafter by consensus remained permanently and totally disabled.”
— Utah Code § 34A-2-413(6)(a)(ii) — 2 cases
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013).
— Utah Code § 34A-2-413(6)(a)(ii)(B) — 1 case
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). “[Albert] never returned to work after the June 16, 1997 industrial accident, and thereafter by consensus remained permanently and totally disabled.”
— Utah Code § 34A-2-413(6)(b) — 2 cases
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Target Trucking & Workers' Comp. Fund v. Labor Comm'n, 2005 UT App 70 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(6)(b)(i) — 1 case
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
— Utah Code § 34A-2-413(6)(b)(i)(2000) — 1 case
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
— Utah Code § 34A-2-413(6)(b)(ii) — 1 case
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
— Utah Code § 34A-2-413(7) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(7)(a) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(7)(b) — 2 cases
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “For example, the legislature expressly granted the Commission discretion in section 34A-2-413 when it mandated that "Itlhe commission shall establish rules regarding part-time work and offset.”
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “Utah Code Ann. § 34A-2-413 (2001), also known as the Total Permanent Disability Act (the Act), outlines the scope and availability of total permanent disability payment to all workers injured by accident in the course of their employment.”
— Utah Code § 34A-2-413(7)(c) — 1 case
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “For example, the legislature expressly granted the Commission discretion in section 34A-2-413 when it mandated that "Itlhe commission shall establish rules regarding part-time work and offset.”
— Utah Code § 34A-2-413(8) — 1 case
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
— Utah Code § 34A-2-413(9) — 1 case
Wasatch Elec. v. Labor Comm'n, 2020 UT App 20 (Utah Ct. App. 2020).
— Utah Code § 34A-2-413(9)(a) — 1 case
Wasatch Elec. v. Labor Comm'n, 2020 UT App 20 (Utah Ct. App. 2020).
— Utah Code § 34A-2-413(9)(b) — 1 case
Wasatch Elec. v. Labor Comm'n, 2020 UT App 20 (Utah Ct. App. 2020).
— Utah Code § 34A-2-413(c) — 1 case
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017). “Justice Himonas, opinion of the Court: INTRODUCTION ¶ 1 After injuring himself on a construction site, Mark Oliver applied for permanent total disability benefits under Utah Code section 34A-2-413, the permanent total disability portion of the Workers' Compensation Act.”
— Utah Code § 34A-2-413(l) — 1 case
Martinez v. Media-Paymaster Plus, 2005 UT App 308 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(l)(b) — 3 cases
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017).
Martinez v. Media-Paymaster Plus, 2005 UT App 308 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(l)(c) — 3 cases
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “Because the plain language of section 34A-2-413 provides that the initial finding of permanent total disability, upon which the subsistence payments in this case were predicated, is not final, we affirm.”
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017).
Martinez v. Media-Paymaster Plus, 2005 UT App 308 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(l)(c)(iii) — 2 cases
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017).
Martinez v. Media-Paymaster Plus, 2005 UT App 308 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(l)(c)(iv) — 2 cases
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017).
Martinez v. Media-Paymaster Plus, 2005 UT App 308 (Utah Ct. App. 2005).
— Utah Code § 34A-2-413(l)(e)(iv) — 1 case
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017).
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.