Utah Code

Utah Code § 34A-2-418 (2026)

Awards -- Medical, nursing, hospital, and burial expenses -- Artificial means and appliances

✓ current as of May 2026
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In addition to the compensation provided in this chapter or Chapter 3, Utah Occupational Disease Act, and subject to Subsection 34A-2-407(11), the employer or the insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for medicines, and for artificial means, appliances, and prostheses necessary to treat the injured employee.
The employer and the insurance carrier are not required to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in Section 26B-4-201.
If death results from the injury, the employer or the insurance carrier shall pay the burial expenses in ordinary cases as established by rule.
If a compensable accident results in the breaking of or loss of an employee's artificial means or appliance including eyeglasses, the employer or insurance carrier shall provide a replacement of the artificial means or appliance.
An administrative law judge may require the employer or insurance carrier to maintain the artificial means or appliances or provide the employee with a replacement of any artificial means or appliance for the reason of breakage, wear and tear, deterioration, or obsolescence.
An administrative law judge may, in unusual cases, order, as the administrative law judge considers just and proper, the payment of additional sums:
for burial expenses; or
to provide for artificial means or appliances.
Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 2002–2025 · leading case: Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007).
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). · cites it 17× “Section 34A-2-418 of the Workers' Compensation Act (the "Act") governs permanent total disability determinations.”
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). · cites it 14× “1, which required the Commission to consider a worker's salary history, if the Rule constitutes a reasonable interpretation of the governing statute, Utah Code section 34A-2-418. 126 The Commission's interpretation of Utah Code section 34A-2-413(1)(ec)(iv) was permissible in…”
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). · cites it 14× “See Utah Code Ann. § 34A-2-418 (Supp. 2005). In response, the Commission, Albert, American Asbestos Abatement, and Workers' Compensation Fund (collectively, Respondents) assert that Petitioners failed to preserve this issue for appeal and waived any argument that Albert is not…”
Fogleman v. Labor Comm'n, 2015 UT App 294 (Utah Ct. App. 2015). · cites it 17× “36 The Utah Supreme Court has stated, The benefit of the doubt owing to workers' compensation claimants comes at the back end of the litigation-after the judge (or commission) makes a run at resolving disputed questions of fact, at clarifying gray areas of law, and at applying…”
Merrill v. Utah Labor Comm'n, 2009 UT 26 (Utah 2009). · cites it 8× “Dakota subsequently challenged the $395 award, arguing that it needed to be offset pursuant to subsection (5) of Utah Code section 34A-2-418, which provides: Notwithstanding the minimum rate established in Subsection (2), the compensation payable by the employer, its insurance…”
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). · cites it 15× “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). · cites it 4× “" Urax § 34A-2-418(1)(b)(fii). In cases where there is no preexisting condition contributing to a disability, the employee need only prove that the work accident is the medical cause of the disability.”
Merrill v. Utah Labor Comm'n, 2009 UT 74 (Utah 2009). · cites it 6× “In Merrill, we held that the offset of Utah Code section 34A-2-418(5) was a constitutional violation.”
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). · cites it 4× “§ 34A-2-418(1)(c). Onee the ALJ makes an initial finding of permanent total disability, the employer is given the opportunity to submit a reemployment plan.”
Oliver v. Labor Comm'n, 2015 UT App 225 (Utah Ct. App. 2015). · cites it 11× “1 15 Section 34A-2-418 requires Oliver to show that his impairments prevent him "from performing the essential functions of the work activities for which [he] has been qualified until the time of the industrial accident.”
LPI Servs. v. Labor Comm'n, 2007 UT App 375 (Utah Ct. App. 2007). · cites it 18× “1 "is in excess of the administrative authority granted" in Utah Code section 34A-2-418 and it improperly "abridge[s!, enlarge[s], extend{s,] or modif{ies the] statute.”
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). · cites it 17× “* T9 The ALJ determined that the parties had agreed in 2006 and 2008 to Driscoll's entitlement to permanent total disability compensation pursuant to Utah Code section 34A-2-418(1). Thus, the parties had already litigated and stipulated.”
— Utah Code § 34A-2-418(1) — 6 cases
Hoffman v. Labor Comm'n, 2023 UT App 96 (Utah Ct. App. 2023).
Fogleman v. Labor Comm'n, 2015 UT App 294 (Utah Ct. App. 2015). “36 The Utah Supreme Court has stated, The benefit of the doubt owing to workers' compensation claimants comes at the back end of the litigation-after the judge (or commission) makes a run at resolving disputed questions of fact, at clarifying gray areas of law, and at applying…”
Oliver v. Labor Comm'n & Employers' Reinsurance Fund, 318 P.3d 777 (Utah Ct. App. 2013).
Hinton v. Midwest Fam. Mut. Ins., 2025 UT 4 (Utah 2025).
Working RX, Inc. v. Workers' Comp. Fund, 2007 UT App 376 (Utah Ct. App. 2007).
— Utah Code § 34A-2-418(1)(0) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(1)(a) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(1)(b) — 7 cases
Fogleman v. Labor Comm'n, 2015 UT App 294 (Utah Ct. App. 2015). “36 The Utah Supreme Court has stated, The benefit of the doubt owing to workers' compensation claimants comes at the back end of the litigation-after the judge (or commission) makes a run at resolving disputed questions of fact, at clarifying gray areas of law, and at applying…”
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “Section 34A-2-418 of the Workers' Compensation Act (the "Act") governs permanent total disability determinations.”
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). “See Utah Code Ann. § 34A-2-418 (Supp. 2005). In response, the Commission, Albert, American Asbestos Abatement, and Workers' Compensation Fund (collectively, Respondents) assert that Petitioners failed to preserve this issue for appeal and waived any argument that Albert is not…”
Swift Transp. v. Labor Comm'n, 326 P.3d 678 (Utah Ct. App. 2014).
Oliver v. Labor Comm'n, 2015 UT App 225 (Utah Ct. App. 2015). “1 15 Section 34A-2-418 requires Oliver to show that his impairments prevent him "from performing the essential functions of the work activities for which [he] has been qualified until the time of the industrial accident.”
— Utah Code § 34A-2-418(1)(b)(fii) — 1 case
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “" Urax § 34A-2-418(1)(b)(fii). In cases where there is no preexisting condition contributing to a disability, the employee need only prove that the work accident is the medical cause of the disability.”
— Utah Code § 34A-2-418(1)(b)(i) — 3 cases
Fogleman v. Labor Comm'n, 2015 UT App 294 (Utah Ct. App. 2015). “36 The Utah Supreme Court has stated, The benefit of the doubt owing to workers' compensation claimants comes at the back end of the litigation-after the judge (or commission) makes a run at resolving disputed questions of fact, at clarifying gray areas of law, and at applying…”
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “" Urax § 34A-2-418(1)(b)(fii). In cases where there is no preexisting condition contributing to a disability, the employee need only prove that the work accident is the medical cause of the disability.”
Clawson v. Labor Comm'n, Div. of Adjudication, 2013 UT App 123 (Utah Ct. App. 2013).
— Utah Code § 34A-2-418(1)(c) — 8 cases
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “Section 34A-2-418 of the Workers' Compensation Act (the "Act") governs permanent total disability determinations.”
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “1, which required the Commission to consider a worker's salary history, if the Rule constitutes a reasonable interpretation of the governing statute, Utah Code section 34A-2-418. 126 The Commission's interpretation of Utah Code section 34A-2-413(1)(ec)(iv) was permissible in…”
Oliver v. Labor Comm'n, 2015 UT App 225 (Utah Ct. App. 2015). “1 15 Section 34A-2-418 requires Oliver to show that his impairments prevent him "from performing the essential functions of the work activities for which [he] has been qualified until the time of the industrial accident.”
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “§ 34A-2-418(1)(c). Onee the ALJ makes an initial finding of permanent total disability, the employer is given the opportunity to submit a reemployment plan.”
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014).
— Utah Code § 34A-2-418(1)(c)(i) — 2 cases
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “" Urax § 34A-2-418(1)(b)(fii). In cases where there is no preexisting condition contributing to a disability, the employee need only prove that the work accident is the medical cause of the disability.”
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(1)(c)(ii) — 1 case
Provo City v. Utah Labor Comm'n, 2015 UT 32 (Utah 2015). “" Urax § 34A-2-418(1)(b)(fii). In cases where there is no preexisting condition contributing to a disability, the employee need only prove that the work accident is the medical cause of the disability.”
— Utah Code § 34A-2-418(1)(c)(iii) — 1 case
Mercado v. Labor Comm'n, 2014 UT App 268 (Utah Ct. App. 2014).
— Utah Code § 34A-2-418(1)(c)(iv) — 3 cases
LPI Servs. &/or Travelers Indem. Co. v. McGee, 2009 UT 41 (Utah 2009). “1, which required the Commission to consider a worker's salary history, if the Rule constitutes a reasonable interpretation of the governing statute, Utah Code section 34A-2-418. 126 The Commission's interpretation of Utah Code section 34A-2-413(1)(ec)(iv) was permissible in…”
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “Section 34A-2-418 of the Workers' Compensation Act (the "Act") governs permanent total disability determinations.”
LPI Servs. v. Labor Comm'n, 2007 UT App 375 (Utah Ct. App. 2007). “1 "is in excess of the administrative authority granted" in Utah Code section 34A-2-418 and it improperly "abridge[s!, enlarge[s], extend{s,] or modif{ies the] statute.”
— Utah Code § 34A-2-418(10) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “* T9 The ALJ determined that the parties had agreed in 2006 and 2008 to Driscoll's entitlement to permanent total disability compensation pursuant to Utah Code section 34A-2-418(1). Thus, the parties had already litigated and stipulated.”
— Utah Code § 34A-2-418(10)(a) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(11)(a) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(5) — 3 cases
Merrill v. Utah Labor Comm'n, 2009 UT 26 (Utah 2009). “Dakota subsequently challenged the $395 award, arguing that it needed to be offset pursuant to subsection (5) of Utah Code section 34A-2-418, which provides: Notwithstanding the minimum rate established in Subsection (2), the compensation payable by the employer, its insurance…”
Merrill v. Utah Labor Comm'n, 2009 UT 74 (Utah 2009). “In Merrill, we held that the offset of Utah Code section 34A-2-418(5) was a constitutional violation.”
Merrill v. Labor Comm'n, 2007 UT App 214 (Utah Ct. App. 2007).
— Utah Code § 34A-2-418(5)(F) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “* T9 The ALJ determined that the parties had agreed in 2006 and 2008 to Driscoll's entitlement to permanent total disability compensation pursuant to Utah Code section 34A-2-418(1). Thus, the parties had already litigated and stipulated.”
— Utah Code § 34A-2-418(5)(a)(ii)(A) — 1 case
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “§ 34A-2-418(1)(c). Onee the ALJ makes an initial finding of permanent total disability, the employer is given the opportunity to submit a reemployment plan.”
— Utah Code § 34A-2-418(5)(e)(i) — 1 case
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014).
— Utah Code § 34A-2-418(5)(e)(ii) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “* T9 The ALJ determined that the parties had agreed in 2006 and 2008 to Driscoll's entitlement to permanent total disability compensation pursuant to Utah Code section 34A-2-418(1). Thus, the parties had already litigated and stipulated.”
— Utah Code § 34A-2-418(5b)(a) — 1 case
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “§ 34A-2-418(1)(c). Onee the ALJ makes an initial finding of permanent total disability, the employer is given the opportunity to submit a reemployment plan.”
— Utah Code § 34A-2-418(5b)(a)(iii) — 1 case
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “§ 34A-2-418(1)(c). Onee the ALJ makes an initial finding of permanent total disability, the employer is given the opportunity to submit a reemployment plan.”
— Utah Code § 34A-2-418(6) — 2 cases
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). “See Utah Code Ann. § 34A-2-418 (Supp. 2005). In response, the Commission, Albert, American Asbestos Abatement, and Workers' Compensation Fund (collectively, Respondents) assert that Petitioners failed to preserve this issue for appeal and waived any argument that Albert is not…”
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(6)(a) — 2 cases
Ameritemps, Inc. v. Labor Comm'n, 2005 UT App 491 (Utah Ct. App. 2005). “See Utah Code Ann. § 34A-2-418 (Supp. 2005). In response, the Commission, Albert, American Asbestos Abatement, and Workers' Compensation Fund (collectively, Respondents) assert that Petitioners failed to preserve this issue for appeal and waived any argument that Albert is not…”
Prows v. Labor Comm'n, 2014 UT App 196 (Utah Ct. App. 2014).
— Utah Code § 34A-2-418(6)(a)(ii) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “* T9 The ALJ determined that the parties had agreed in 2006 and 2008 to Driscoll's entitlement to permanent total disability compensation pursuant to Utah Code section 34A-2-418(1). Thus, the parties had already litigated and stipulated.”
— Utah Code § 34A-2-418(7) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(8) — 1 case
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “* T9 The ALJ determined that the parties had agreed in 2006 and 2008 to Driscoll's entitlement to permanent total disability compensation pursuant to Utah Code section 34A-2-418(1). Thus, the parties had already litigated and stipulated.”
— Utah Code § 34A-2-418(8)(c) — 1 case
Larsen Beverage v. Labor Comm'n, 2011 UT App 69 (Utah Ct. App. 2011).
— Utah Code § 34A-2-418(9) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
— Utah Code § 34A-2-418(l)(c) — 1 case
LPI Servs. v. Labor Comm'n, 2007 UT App 375 (Utah Ct. App. 2007). “1 "is in excess of the administrative authority granted" in Utah Code section 34A-2-418 and it improperly "abridge[s!, enlarge[s], extend{s,] or modif{ies the] statute.”
— Utah Code § 34A-2-418(l)(c)(i) — 1 case
Intermountain Slurry Seal &/or CNA Ins. v. Comm'n, 2002 UT App 164 (Utah Ct. App. 2002). “§ 34A-2-418(1)(0)@)-(iv). - Accordingly, the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection (10) are not subject to, nor controlled by, the claimant/employee's limitations or employability.”
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