Utah Code

Utah Code § 34A-2-601 (2026)

Medical panel, director, or consultant -- Findings and reports -- Objections to report -- Hearing -- Expenses

✓ current as of May 2026

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The Division of Adjudication may refer the medical aspects of a case described in this Subsection (1)(a) to a medical panel appointed by an administrative law judge:

upon the filing of a claim for compensation arising out of and in the course of employment for:

disability by accident; or

death by accident; and

if the employer or the employer's insurance carrier denies liability.

An administrative law judge may appoint a medical panel upon the filing of a claim for compensation based upon disability or death due to an occupational disease.

A medical panel appointed under this section shall consist of one or more physicians specializing in the treatment of the disease or condition involved in the claim.

A member of a medical panel appointed under this section, when acting within the scope of duties of a medical panel member, is considered an employee of this state for purposes of indemnification under Title 63G, Chapter 7, Governmental Immunity Act of Utah.

As an alternative method of obtaining an impartial medical evaluation of the medical aspects of a controverted case, the division may employ a medical director or one or more medical consultants:

on a full-time or part-time basis; and

for the purpose of:

evaluating medical evidence; and

advising an administrative law judge with respect to the administrative law judge's ultimate fact-finding responsibility.

If all parties agree to the use of a medical director or one or more medical consultants, the medical director or one or more medical consultants is allowed to function in the same manner and under the same procedures as required of a medical panel.

A medical panel, medical director, or medical consultant may do the following to the extent the medical panel, medical director, or medical consultant determines that it is necessary or desirable:

conduct a study;

take an x-ray;

perform a test; or

if authorized by an administrative law judge, conduct a post-mortem examination.

A medical panel, medical director, or medical consultant shall make:

a report in writing to the administrative law judge in a form prescribed by the Division of Adjudication; and

additional findings as the administrative law judge may require.

In an occupational disease case, in addition to the requirements of Subsection (2)(b), a medical panel, medical director, or medical consultant shall certify to the administrative law judge:

the extent, if any, of the disability of the claimant from performing work for remuneration or profit;

whether the sole cause of the disability or death, in the opinion of the medical panel, medical director, or medical consultant results from the occupational disease; and

whether any other cause aggravated, prolonged, accelerated, or in any way contributed to the disability or death; and

if another cause contributed to the disability or death, the extent in percentage to which the other cause contributed to the disability or death.

An administrative law judge shall promptly distribute full copies of a report submitted to the administrative law judge under this Subsection (2) by mail to:

the applicant;

the employer;

the employer's insurance carrier; and

an attorney employed by a person listed in Subsections (2)(d)(i)(A) through (C).

Within 20 days after the day on which the report described in Subsection (2)(d)(i) is deposited in the United States post office, the following may file with the administrative law judge a written objection to the report:

the applicant;

the employer; or

the employer's insurance carrier.

If no written objection is filed within the period described in Subsection (2)(d)(ii), the report is considered admitted in evidence.

An administrative law judge may base the administrative law judge's finding and decision on the report of:

a medical panel;

the medical director; or

one or more medical consultants.

Notwithstanding Subsection (2)(e)(i), an administrative law judge is not bound by a report described in Subsection (2)(e)(i) if other substantial conflicting evidence in the case supports a contrary finding.

If a written objection to a report is filed under Subsection (2)(d), the administrative law judge may set the case for hearing to determine the facts and issues involved.

At a hearing held pursuant to this Subsection (2)(f), any party may request the administrative law judge to have any of the following present at the hearing for examination and cross-examination:

the chair of the medical panel;

the medical director; or

the one or more medical consultants.

For good cause shown, an administrative law judge may order the following to be present at the hearing for examination and cross-examination:

a member of a medical panel, with or without the chair of the medical panel;

the medical director; or

a medical consultant.

A written report of a medical panel, medical director, or one or more medical consultants may be received as an exhibit at a hearing described in Subsection (2)(f).

Notwithstanding Subsection (2)(g)(i), a report received as an exhibit under Subsection (2)(g)(i) may not be considered as evidence in the case except as far as the report is sustained by the testimony admitted.

For a claim referred under Subsection (1) to a medical panel, medical director, or medical consultant before July 1, 1997, the commission shall pay out of the Employers' Reinsurance Fund established in Section 34A-2-702:

expenses of a study or report of the medical panel, medical director, or medical consultant; and

the expenses of the medical panel's, medical director's, or medical consultant's appearance before an administrative law judge.

For a claim referred under Subsection (1) to a medical panel, medical director, or medical consultant on or after July 1, 1997, the commission shall pay out of the Uninsured Employers' Fund established in Section 34A-2-704 the expenses of:

a study or report of the medical panel, medical director, or medical consultant; and

the medical panel's, medical director's, or medical consultant's appearance before an administrative law judge.

Notwithstanding Section 34A-2-704, the expenses described in Subsection (2)(i)(i) shall be paid from the Uninsured Employers' Fund whether or not the employment relationship during which the industrial accident or occupational disease occurred is localized in Utah as described in Subsection 34A-2-704(20).

The commission may employ a qualified physician as medical panel director who, in addition to the other duties outlined in this section for a medical director, is responsible for:

assisting the commission in creating and enforcing standards for medical panels and medical consultants;

training members of medical panels or medical consultants;

increasing the number of physicians who participate on medical panels;

ensuring medical panels include appropriate specialists; and

monitoring the quality of medical panel and medical consultant reports.

The commission shall pay the expenses of employing a medical panel director described in this Subsection (3) out of the Uninsured Employers' Fund established in Section 34A-2-704.

Notes of Decisions

Cited in 33 cases (10 in the last 5 years), 1998–2025 · leading case: Foye v. Labor Comm'n, 2018 UT App 124 (Utah Ct. App. 2018).

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Foye v. Labor Comm'n, 2018 UT App 124 (Utah Ct. App. 2018). · cites it 26× “" He contends that there is no evidence that either medical panelist specialized in the treatment of the conditions at issue in his case-either carbon monoxide poisoning or preexisting neuropsychological conditions, such as pseudo-dementia-as required by Utah Code section…”

Johnston v. Labor Comm'n, 2013 UT App 179 (Utah Ct. App. 2013). · cites it 27× “See Utah Code Ann. § 34A-2-601 (LexisNexis 2011) 4 - First, Johnston argues that the ALJ abused her discretion in denying an objection hearing because Johnston raised several concerns in his request that sufficiently impugn both Dr.”

In re Disp.of R. LaJeunesse, 2018 UT 6 (Utah 2018). · cites it 11× “The policy concerned ALJs’ treatment of medical panel reports submitted under Utah Code section 34A-2-601(2). That provision requires an appointed medical panel to make “a report in writing to the administrative law judge in a form prescribed by the Division of Adjudication.”

Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014). · cites it 10× “13 Section 34A-2-601 of the Utah Code permits an administrative law judge to refer the medical aspects of a case to a medical panel.”

Bade-Brown v. Labor Comm'n, 2016 UT App 65 (Utah Ct. App. 2016). · cites it 5× “3d 615 , Utah Code section 34A-2-601 "contemplates three potential scenarios in which a medical panel report can be admitted into evidence.”

Gamez v. Labor Comm'n, 2022 UT 20 (Utah 2022). · cites it 11× “3d 615 (concluding that ―it is readily apparent from a cursory review of the statute and relevant case law that single-member medical panels are acceptable‖ and that section 34A-2-601 ―plainly allows administrative law judges to appoint single-member medical panels‖); Foye v.”

Graphic Packaging Intl v. Labor Comm'n, 2021 UT App 82 (Utah Ct. App. 2021). · cites it 8× “” See Utah Code Ann. § 34A-2-601(1)(a) (LexisNexis 2019) (emphasis added).”

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). · cites it 6× “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

Fastenal v. Labor Comm'n, 2020 UT App 53 (Utah Ct. App. 2020). · cites it 6× “” Utah Code Ann. § 34A-2-601(1)(c); accord Foye, 2018 UT App 124, ¶ 21 .”

Morris v. Labor Comm'n, 2021 UT App 131 (Utah Ct. App. 2021). · cites it 5× “See Utah Code Ann. § 34A-2-601(2)(d)(ii) (LexisNexis 2019).”

Speirs v. S. Utah Univ., 2002 UT App 389 (Utah Ct. App. 2002). · cites it 8× “¶ 6 Speirs appealed the ALJ's decision to the Commission arguing that (1) the medical panel had usurped the ALJ's authority, (2) the medical panel was biased against her, and (3) the medical panel's conclusions lacked analysis and foundation.”

Resort Retainers v. Labor Comm'n, 2010 UT App 229 (Utah Ct. App. 2010). · cites it 4× “122 Utah Code section 34A-2-601 provides that the Commission, in its discretion, "may refer the medical aspects of a [workers' compensation] case .”

Show all 33 citing cases →

— Utah Code § 34A-2-601(1)(a) — 8 cases

Graphic Packaging Intl v. Labor Comm'n, 2021 UT App 82 (Utah Ct. App. 2021). “” See Utah Code Ann. § 34A-2-601(1)(a) (LexisNexis 2019) (emphasis added).”

Foye v. Labor Comm'n, 2018 UT App 124 (Utah Ct. App. 2018). “" He contends that there is no evidence that either medical panelist specialized in the treatment of the conditions at issue in his case-either carbon monoxide poisoning or preexisting neuropsychological conditions, such as pseudo-dementia-as required by Utah Code section…”

Resort Retainers v. Labor Comm'n, 2010 UT App 229 (Utah Ct. App. 2010). “122 Utah Code section 34A-2-601 provides that the Commission, in its discretion, "may refer the medical aspects of a [workers' compensation] case .”

Timpanogos Hosp. v. Labor Comm'n, 2011 UT App 106 (Utah Ct. App. 2011).

Ernest Health, Inc. v. Labor Comm'n, 2016 UT App 48 (Utah Ct. App. 2016).

— Utah Code § 34A-2-601(1)(b) — 1 case

Washington Cnty. Sch. Dist. v. Labor Comm'n, 2013 UT App 205 (Utah Ct. App. 2013).

— Utah Code § 34A-2-601(1)(c) — 7 cases

Gamez v. Labor Comm'n, 2022 UT 20 (Utah 2022). “3d 615 (concluding that ―it is readily apparent from a cursory review of the statute and relevant case law that single-member medical panels are acceptable‖ and that section 34A-2-601 ―plainly allows administrative law judges to appoint single-member medical panels‖); Foye v.”

Wright v. Labor Comm'n, 2021 UT App 43 (Utah Ct. App. 2021).

Horning v. Labor Comm'n, 2023 UT App 30 (Utah Ct. App. 2023).

Johnston v. Labor Comm'n, 2013 UT App 179 (Utah Ct. App. 2013). “See Utah Code Ann. § 34A-2-601 (LexisNexis 2011) 4 - First, Johnston argues that the ALJ abused her discretion in denying an objection hearing because Johnston raised several concerns in his request that sufficiently impugn both Dr.”

— Utah Code § 34A-2-601(1)(d) — 3 cases

Blair v. Labor Comm'n, 2011 UT App 248 (Utah Ct. App. 2011).

Mitchell v. Labor Comm'n, 2022 UT App 138 (Utah Ct. App. 2022).

— Utah Code § 34A-2-601(1)(d)(i) — 1 case

Danny's Drywall v. Labor Comm'n, 2014 UT App 277 (Utah Ct. App. 2014). “13 Section 34A-2-601 of the Utah Code permits an administrative law judge to refer the medical aspects of a case to a medical panel.”

— Utah Code § 34A-2-601(1)(e) — 1 case

Mitchell v. Labor Comm'n, 2022 UT App 138 (Utah Ct. App. 2022).

— Utah Code § 34A-2-601(1)(e)(ii)(B) — 1 case

BASF Corp. v. Labor Comm'n, 2023 UT App 108 (Utah Ct. App. 2023).

— Utah Code § 34A-2-601(2) — 2 cases

In re Disp.of R. LaJeunesse, 2018 UT 6 (Utah 2018). “The policy concerned ALJs’ treatment of medical panel reports submitted under Utah Code section 34A-2-601(2). That provision requires an appointed medical panel to make “a report in writing to the administrative law judge in a form prescribed by the Division of Adjudication.”

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

— Utah Code § 34A-2-601(2)(F)(G) — 2 cases

Right Way Trucking Inc. v. Labor Comm'n, 2015 UT App 210 (Utah Ct. App. 2015).

— Utah Code § 34A-2-601(2)(F)(i) — 1 case

Borja v. Labor Comm'n, 327 P.3d 1223 (Utah Ct. App. 2014).

— Utah Code § 34A-2-601(2)(a) — 3 cases

Speirs v. S. Utah Univ., 2002 UT App 389 (Utah Ct. App. 2002). “¶ 6 Speirs appealed the ALJ's decision to the Commission arguing that (1) the medical panel had usurped the ALJ's authority, (2) the medical panel was biased against her, and (3) the medical panel's conclusions lacked analysis and foundation.”

Certified Bldg. Maint. v. Labor Comm'n, Appeals Bd. of the Labor Comm'n, 2012 UT App 240 (Utah Ct. App. 2012).

— Utah Code § 34A-2-601(2)(b) — 3 cases

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

— Utah Code § 34A-2-601(2)(b)(i) — 2 cases

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

— Utah Code § 34A-2-601(2)(d) — 1 case

— Utah Code § 34A-2-601(2)(d)(i) — 2 cases

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

— Utah Code § 34A-2-601(2)(d)(if) — 1 case

Borja v. Labor Comm'n, 327 P.3d 1223 (Utah Ct. App. 2014).

— Utah Code § 34A-2-601(2)(d)(ii) — 5 cases

Morris v. Labor Comm'n, 2021 UT App 131 (Utah Ct. App. 2021). “See Utah Code Ann. § 34A-2-601(2)(d)(ii) (LexisNexis 2019).”

Fastenal v. Labor Comm'n, 2020 UT App 53 (Utah Ct. App. 2020). “” Utah Code Ann. § 34A-2-601(1)(c); accord Foye, 2018 UT App 124, ¶ 21 .”

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

— Utah Code § 34A-2-601(2)(d)(iii) — 4 cases

Fastenal v. Labor Comm'n, 2020 UT App 53 (Utah Ct. App. 2020). “” Utah Code Ann. § 34A-2-601(1)(c); accord Foye, 2018 UT App 124, ¶ 21 .”

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

— Utah Code § 34A-2-601(2)(e) — 2 cases

— Utah Code § 34A-2-601(2)(e)(i) — 6 cases

Morris v. Labor Comm'n, 2021 UT App 131 (Utah Ct. App. 2021). “See Utah Code Ann. § 34A-2-601(2)(d)(ii) (LexisNexis 2019).”

Bade-Brown v. Labor Comm'n, 2016 UT App 65 (Utah Ct. App. 2016). “3d 615 , Utah Code section 34A-2-601 "contemplates three potential scenarios in which a medical panel report can be admitted into evidence.”

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

Hoffman v. Labor Comm'n, 2023 UT App 96 (Utah Ct. App. 2023).

Blair v. Labor Comm'n, 2011 UT App 248 (Utah Ct. App. 2011).

— Utah Code § 34A-2-601(2)(e)(ii) — 5 cases

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

Clean Harbors Env't v. Labor Comm'n, 2019 UT App 52 (Utah Ct. App. 2019).

Lajeunesse v. Lajeunesse, 416 P.3d 1122 (Utah 2018).

Brinks Global Servs. v. Labor Comm'n, 2025 UT App 191 (Utah Ct. App. 2025).

— Utah Code § 34A-2-601(2)(f) — 1 case

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

— Utah Code § 34A-2-601(2)(f)(G) — 1 case

— Utah Code § 34A-2-601(2)(f)(i) — 1 case

— Utah Code § 34A-2-601(2)(f)(ii) — 1 case

Graphic Packaging Intl v. Labor Comm'n, 2021 UT App 82 (Utah Ct. App. 2021). “” See Utah Code Ann. § 34A-2-601(1)(a) (LexisNexis 2019) (emphasis added).”

— Utah Code § 34A-2-601(2)(g) — 1 case

— Utah Code § 34A-2-601(2)(g)(ii) — 2 cases

Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “; UTAH CODE § 34A-2-601(2)(b). 4 Cite as: 2020 UT 55 Opinion of the Court ¶10 After receiving the medical panel’s report, Mr.”

— Utah Code § 34A-2-601(l)(a) — 1 case

JP's Landscaping v. Labor Comm'n, 2017 UT App 59 (Utah Ct. App. 2017).

— Utah Code § 34A-2-601(l)(b) — 1 case

Migliaccio v. Labor Comm'n, 2013 UT App 51 (Utah Ct. App. 2013).

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