Utah Code

Utah Code § 34A-2-417 (2026)

Claims and benefits -- Time limits for filing -- Burden of proof

✓ current as of May 2026

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Except with respect to prosthetic devices or in a permanent total disability case, an employee is entitled to be compensated for a medical expense if:

the medical expense is:

reasonable in amount; and

necessary to treat the industrial accident; and

the employee submits or makes a reasonable attempt to submit the medical expense:

to the employee's employer or insurance carrier for payment; and

within one year from the later of:

the day on which the medical expense is incurred; or

the day on which the employee knows or in the exercise of reasonable diligence should have known that the medical expense is related to the industrial accident.

For an industrial accident that occurs on or after July 1, 1988, and is the basis of a claim for a medical expense, an employee is entitled to be compensated for the medical expense if the employee meets the requirements of Subsection (1)(a).

A claim described in Subsection (2)(b) is barred, unless the employee:

files an application for hearing with the Division of Adjudication no later than six years from the date of the accident; and

by no later than 12 years from the date of the accident, is able to meet the employee's burden of proving that the employee is due the compensation claimed under this chapter.

Subsection (2)(a) applies to a claim for compensation for:

temporary total disability benefits;

temporary partial disability benefits;

permanent partial disability benefits; or

permanent total disability benefits.

The commission may enter an order awarding or denying an employee's claim for compensation under this chapter within a reasonable time period beyond 12 years from the date of the accident, if:

the employee complies with Subsection (2)(a); and

12 years from the date of the accident:

the employee is fully cooperating in a commission approved reemployment plan; and

the results of that commission approved reemployment plan are not known; or

the employee is actively adjudicating issues of compensability before the commission.

A claim for death benefits is barred unless an application for hearing is filed within one year of the date of death of the employee.

Subject to Subsections (2)(c) and (4)(b), after an employee files an application for hearing within six years from the date of the accident, the Division of Adjudication may enter an order to show cause why the employee's claim should not be dismissed because the employee has failed to meet the employee's burden of proof to establish an entitlement to compensation claimed in the application for hearing.

The order described in Subsection (4)(a)(i) may be entered on the motion of the:

Division of Adjudication;

employee's employer; or

employer's insurance carrier.

Under Subsection (4)(a), the Division of Adjudication may dismiss a claim:

without prejudice; or

with prejudice only if:

the Division of Adjudication adjudicates the merits of the employee's entitlement to the compensation claimed in the application for hearing; or

the employee fails to comply with Subsection (2)(a)(ii).

If a claim is dismissed without prejudice under Subsection (4)(b), the employee is subject to the time limits under Subsection (2)(a) to claim compensation under this chapter.

A claim for compensation under this chapter is subject to a claim or lien for recovery under Section 26B-3-1009.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1998–2024 · leading case: Waite v. Utah Labor Comm'n, 2017 UT 86 (Utah 2017).

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Waite v. Utah Labor Comm'n, 2017 UT 86 (Utah 2017). · cites it 49× “" Utah Code § 34A-2-417 (2)(c)(ii)(A)-(B). Stoker v.”

Vigos v. Mountainland Builders, Inc., 2000 UT 2 (Utah 2000). · cites it 16× “¶ 36 To begin, I believe both Justice Stewart's lead opinion and Chief Justice Howe's dissent miss the most important point in former section 35-1-99(3) of the Utah Code (now codified at section 34A-2-417 [1] ), which stated: A claim for compensation for temporary total…”

Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). · cites it 4× “" Utah Code Ann. § 34A-2-413(8) (emphasis added).”

Massengale v. Labor Comm'n, 2020 UT App 44 (Utah Ct. App. 2020). · cites it 7× “The statute further provides, in subsection (2)(c), that the Labor Commission “may enter an order awarding or denying an employee’s claim for compensation under this chapter within a reasonable time period beyond 12 years from the date of the accident, if” the employee has…”

Helf v. Chevron U.S.A. Inc., 2015 UT 81 (Utah 2015). · cites it 2× “See Ura Copz § 34A-2-417(1) (a worker typically has one year to seek compensation for a medical expense caused by the work-related injury); id.”

Mayhew v. Labor Comm'n, 2024 UT App 81 (Utah Ct. App. 2024). · cites it 14× “¶2 The relevant statute, section 34A-2-417 of the Utah Code, contains a twelve-year statute of repose under which claims are timely if, at the twelve-year mark from the date of the accident, the claimant “is able to” meet the burden of proving that compensation is due and “[he…”

Barnard & Burk Grp., Inc. v. Labor Comm'n, 122 P.3d 700 (Utah Ct. App. 2005). · cites it 7× “¶ 4 Barnard filed a motion for review before the Commission Appeals Board (Board), arguing that the ALJ erred by failing to apply the statute of limitations defense found in Utah Code section 34A-2-417. See Utah Code Ann. § 34A-2-417(l), (2) (2001).”

Burgess v. Siaperas Sand & Gravel, 965 P.2d 583 (Utah Ct. App. 1998). · cites it 2× “Section 35-1-98 is now found at section 34A-2-417; no substantive changes were made.”

Employers' Reinsurance Fund v. Labor Comm'n, 289 P.3d 572 (Utah 2012). “See Ura Cone § 34A-2-417(2)(a)(ii). However, because Mr.”

Bonneville Asphalt v. Labor Comm'n, 2004 UT App 137 (Utah Ct. App. 2004). · cites it 8× “See *851 Utah Code Ann. § 34A-2-417(3) (1997). 1 The administrative law judge (ALJ) ruled that Dakota’s claim was not barred by the statute of limitation because Utah’s general tolling statute (the tolling statute), see Utah Code Ann.”

Strate v. Labor Comm'n, 2006 UT App 179 (Utah Ct. App. 2006). · cites it 2× “” However, under Utah Code section 34A-2-420, "records pertaining to cases that have been closed and inactive for ten years, other than cases of total permanent disability or cases in which a claim has been filed as in section 34A-2-417, may be destroyed at the discretion of the…”

Hosp. Housekeeping Sys. v. Labor Comm'n, 2023 UT App 90 (Utah Ct. App. 2023). “§ 34A-2-417(1)(a)(i). “[T]here must be a nexus between the accident and the injury for which treatment is sought.”

Show all 14 citing cases →

— Utah Code § 34A-2-417(1) — 2 cases

Vigos v. Mountainland Builders, Inc., 2000 UT 2 (Utah 2000). “¶ 36 To begin, I believe both Justice Stewart's lead opinion and Chief Justice Howe's dissent miss the most important point in former section 35-1-99(3) of the Utah Code (now codified at section 34A-2-417 [1] ), which stated: A claim for compensation for temporary total…”

Helf v. Chevron U.S.A. Inc., 2015 UT 81 (Utah 2015). “See Ura Copz § 34A-2-417(1) (a worker typically has one year to seek compensation for a medical expense caused by the work-related injury); id.”

— Utah Code § 34A-2-417(1)(a) — 1 case

Waite v. Utah Labor Comm'n, 2017 UT 86 (Utah 2017). “" Utah Code § 34A-2-417 (2)(c)(ii)(A)-(B). Stoker v.”

— Utah Code § 34A-2-417(1)(a)(i) — 1 case

— Utah Code § 34A-2-417(2) — 4 cases

Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “" Utah Code Ann. § 34A-2-413(8) (emphasis added).”

Mayhew v. Labor Comm'n, 2024 UT App 81 (Utah Ct. App. 2024). “¶2 The relevant statute, section 34A-2-417 of the Utah Code, contains a twelve-year statute of repose under which claims are timely if, at the twelve-year mark from the date of the accident, the claimant “is able to” meet the burden of proving that compensation is due and “[he…”

Christensen v. Spanish Fork City, 994 P.2d 1252 (Utah 2000).

— Utah Code § 34A-2-417(2)(a) — 2 cases

Waite v. Utah Labor Comm'n, 2017 UT 86 (Utah 2017). “" Utah Code § 34A-2-417 (2)(c)(ii)(A)-(B). Stoker v.”

Massengale v. Labor Comm'n, 2020 UT App 44 (Utah Ct. App. 2020). “The statute further provides, in subsection (2)(c), that the Labor Commission “may enter an order awarding or denying an employee’s claim for compensation under this chapter within a reasonable time period beyond 12 years from the date of the accident, if” the employee has…”

— Utah Code § 34A-2-417(2)(a)(i) — 2 cases

Waite v. Utah Labor Comm'n, 2017 UT 86 (Utah 2017). “" Utah Code § 34A-2-417 (2)(c)(ii)(A)-(B). Stoker v.”

— Utah Code § 34A-2-417(2)(a)(ii) — 4 cases

Waite v. Utah Labor Comm'n, 2017 UT 86 (Utah 2017). “" Utah Code § 34A-2-417 (2)(c)(ii)(A)-(B). Stoker v.”

Employers' Reinsurance Fund v. Labor Comm'n, 289 P.3d 572 (Utah 2012). “See Ura Cone § 34A-2-417(2)(a)(ii). However, because Mr.”

— Utah Code § 34A-2-417(2)(c) — 1 case

— Utah Code § 34A-2-417(2)(c)(i) — 1 case

— Utah Code § 34A-2-417(3) — 2 cases

Bonneville Asphalt v. Labor Comm'n, 2004 UT App 137 (Utah Ct. App. 2004). “See *851 Utah Code Ann. § 34A-2-417(3) (1997). 1 The administrative law judge (ALJ) ruled that Dakota’s claim was not barred by the statute of limitation because Utah’s general tolling statute (the tolling statute), see Utah Code Ann.”

— Utah Code § 34A-2-417(4)(a)(i) — 1 case

Anabasis, Inc. v. Labor Comm'n, 2001 UT App 239 (Utah Ct. App. 2001).

— Utah Code § 34A-2-417(l) — 2 cases

Barnard & Burk Grp., Inc. v. Labor Comm'n, 122 P.3d 700 (Utah Ct. App. 2005). “¶ 4 Barnard filed a motion for review before the Commission Appeals Board (Board), arguing that the ALJ erred by failing to apply the statute of limitations defense found in Utah Code section 34A-2-417. See Utah Code Ann. § 34A-2-417(l), (2) (2001).”

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