Utah Code » Title 34A, Chapter 2 — Workers' Compensation Act; part 34A-2-8 — Adjudication
Utah Code

Utah Code § 34A-2-801 (2026)

Initiating adjudicative proceedings -- Procedure for review of administrative action

✓ current as of May 2026
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To contest an action of the employee's employer or its insurance carrier concerning a compensable industrial accident or occupational disease alleged by the employee or a dependent any of the following shall file an application for hearing with the Division of Adjudication:
the employee;
a representative of the employee, the qualifications of whom are defined in rule by the commission; or
a dependent as described in Section 34A-2-403.
To appeal the imposition of a penalty or other administrative act imposed by the division on the employer or its insurance carrier for failure to comply with this chapter or Chapter 3, Utah Occupational Disease Act, any of the following shall file an application for hearing with the Division of Adjudication:
the employer;
the insurance carrier; or
a representative of either the employer or the insurance carrier, the qualifications of whom are defined in rule by the commission.
A person providing goods or services described in Subsections 34A-2-407(12) and 34A-3-108(13) may file an application for hearing in accordance with Section 34A-2-407 or 34A-3-108.
Unless all parties agree to the assignment in writing, the Division of Adjudication may not assign the same administrative law judge to hear a claim under this section by an injured employee if the administrative law judge previously heard a claim by the same injured employee for a different injury or occupational disease.
Unless all parties agree to the appointment in writing, an administrative law judge may not appoint the same medical panel or individual panel member to evaluate a claim by an injured employee if the medical panel or individual panel member previously evaluated a claim by the same injured employee for a different injury or occupational disease.
Unless a party in interest appeals the decision of an administrative law judge in accordance with Subsection (4), the decision of an administrative law judge on an application for hearing filed under Subsection (1) is a final order of the commission 30 days after the day on which the decision is issued. An administrative law judge shall issue a decision by no later than 60 days from the day on which the hearing is held under this part unless:
the parties agree to a longer period of time; or
a decision within the 60-day period is impracticable.
A party in interest may appeal the decision of an administrative law judge by filing a motion for review with the Division of Adjudication within 30 days of the date the decision is issued.
Unless a party in interest to the appeal requests under Subsection (4)(c) that the appeal be heard by the Appeals Board, the commissioner shall hear the review.
A party in interest may request that an appeal be heard by the Appeals Board by filing the request with the Division of Adjudication:
as part of the motion for review; or
if requested by a party in interest who did not file a motion for review, within 20 days of the day on which the motion for review is filed with the Division of Adjudication.
A case appealed to the Appeals Board shall be decided by the majority vote of the Appeals Board.
The Division of Adjudication shall maintain a record on appeal, including an appeal docket showing the receipt and disposition of the appeals on review.
Upon appeal, the commissioner or Appeals Board shall make its decision in accordance with Section 34A-1-303. The commissioner or Appeals Board shall issue a decision under this part by no later than 90 days from the day on which the motion for review is filed unless:
the parties agree to a longer period of time; or
a decision within the 90-day period is impracticable.
The commissioner or Appeals Board shall promptly notify the parties to a proceeding before it of its decision, including its findings and conclusions.
Subject to Subsection (8)(b), the decision of the commissioner or Appeals Board is final unless within 30 days after the date the decision is issued further appeal is initiated under the provisions of this section or Title 63G, Chapter 4, Administrative Procedures Act.
In the case of an award of permanent total disability benefits under Section 34A-2-413, the decision of the commissioner or Appeals Board is a final order of the commission unless set aside by the court of appeals.
Within 30 days after the day on which the decision of the commissioner or Appeals Board is issued, an aggrieved party may secure judicial review by commencing an action in the court of appeals against the commissioner or Appeals Board for the review of the decision of the commissioner or Appeals Board.
In an action filed under Subsection (9)(a):
any other party to the proceeding before the commissioner or Appeals Board shall be made a party; and
the commission shall be made a party.
A party claiming to be aggrieved may seek judicial review only if the party exhausts the party's remedies before the commission as provided by this section.
At the request of the court of appeals, the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with the decision of the commissioner or Appeals Board.
The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to facilitate timely completion of administrative actions under this part.
The commission shall monitor the time from filing of an application for a hearing to issuance of a final order of the commission for cases brought under this part.
Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 2001–2026 · leading case: Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007).
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Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). · cites it 4× “Judicial review of Commission decisions is governed by both Utah Code section 34A-2-801 and Utah's Administrative Procedures Act (the "UAPA").”
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). · cites it 7× “¶ 18 Section 34A-2-801 reaffirms this statutory definition of a "final order", stating that "[u]nless a party in interest appeals the decision of an administrative law judge .”
Color Country Mgmt. v. Labor Comm'n, 2001 UT App 370 (Utah Ct. App. 2001). · cites it 4× “OPINION DAVIS, Judge: T1 Color Country Management and Mid Century Insurance Company (collectively Color Country) petition for review of the action of the Labor Commission pursuant to Utah Code Ann. §§ 34A-2-801(8) (1997), 63-46b-16 (1997), 1 and Rule 14 of the Utah Rules of…”
JBS USA v. Labor Comm'n, 2020 UT App 86 (Utah Ct. App. 2020). · cites it 2× “See Utah Code Ann. § 34A-2-801(9)(a) (LexisNexis 2019).”
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). · cites it 2× “See Utah Code Ann. § 34A-2-801(7) (Supp.2010) (explaining that appeals from final agency actions in workers' compensation cases are guided by the UAPA); accord Whitear, 978 P.”
Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). · cites it 2× “As a result, we do not address the delegation of authority in the first instance, only the Commission’s further delegation to medical panels. 24 UTAH CODE § 34A-1-302(1)(a) (providing that the Commission’s “presiding officer” shall “conduct hearings and adjudicative proceedings”…”
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017). · cites it 4× “” See Utah Code Ann. § 34A-2-801(9)(a) (LexisNexis Supp.”
Frito-Lay v. Utah Labor Comm'n, 2009 UT 71 (Utah 2009). “§ 34A-2-801(3)(a). 36 . Id. § (2005). 37 .”
JBS Carriers v. Labor Comm'n, 2021 UT App 44 (Utah Ct. App. 2021). · cites it 4× “¶17 In our analysis, given that we review the Commission’s decision and not the ALJ’s, see Utah Code Ann. § 34A-2-801(9)(a) (stating that we review “the decision of the commissioner or Appeals Board”), we begin by examining the merits of the Commission’s decision about whether…”
Jex v. Labor Comm'n, 2012 UT App 98 (Utah Ct. App. 2012). · cites it 3× “See generally Utah Code Ann. § 34A-2-801(1)(a) (2011) ("To contest an action of the employee's employer or its insurance carrier concerning a compen-sable industrial accident .”
Working RX, Inc. v. Workers' Comp. Fund, 2007 UT App 376 (Utah Ct. App. 2007). · cites it 5× “" Utah Code Ann. § 34A-2-801 (1)(a) (2005).”
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “§ 34A-2-801(1)(a) (Supp.2018) (providing that an employee begins the process of contesting a workers' compensation action by filing an application for hearing); Utah Admin.”
Show all 17 citing cases →
— Utah Code § 34A-2-801(1)(a) — 2 cases
Jex v. Labor Comm'n, 2012 UT App 98 (Utah Ct. App. 2012). “See generally Utah Code Ann. § 34A-2-801(1)(a) (2011) ("To contest an action of the employee's employer or its insurance carrier concerning a compen-sable industrial accident .”
A & B Mech. Contractors v. Labor Comm'n, 311 P.3d 528 (Utah Ct. App. 2013). “§ 34A-2-801(1)(a) (Supp.2018) (providing that an employee begins the process of contesting a workers' compensation action by filing an application for hearing); Utah Admin.”
— Utah Code § 34A-2-801(1)(c) — 1 case
Working RX, Inc. v. Workers' Comp. Fund, 2007 UT App 376 (Utah Ct. App. 2007). “" Utah Code Ann. § 34A-2-801 (1)(a) (2005).”
— Utah Code § 34A-2-801(2) — 2 cases
Thomas v. Color Country Mgmt., 2004 UT 12 (Utah 2004). “¶ 18 Section 34A-2-801 reaffirms this statutory definition of a "final order", stating that "[u]nless a party in interest appeals the decision of an administrative law judge .”
Frito-Lay & Transcontinental Ins. Co v. Labor Comm'n, 2008 UT App 314 (Utah Ct. App. 2008).
— Utah Code § 34A-2-801(2)(a) — 1 case
Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “As a result, we do not address the delegation of authority in the first instance, only the Commission’s further delegation to medical panels. 24 UTAH CODE § 34A-1-302(1)(a) (providing that the Commission’s “presiding officer” shall “conduct hearings and adjudicative proceedings”…”
— Utah Code § 34A-2-801(3)(a) — 1 case
Frito-Lay v. Utah Labor Comm'n, 2009 UT 71 (Utah 2009). “§ 34A-2-801(3)(a). 36 . Id. § (2005). 37 .”
— Utah Code § 34A-2-801(4) — 1 case
Ramos v. Cobblestone Centre, 2020 UT 55 (Utah 2020). “As a result, we do not address the delegation of authority in the first instance, only the Commission’s further delegation to medical panels. 24 UTAH CODE § 34A-1-302(1)(a) (providing that the Commission’s “presiding officer” shall “conduct hearings and adjudicative proceedings”…”
— Utah Code § 34A-2-801(4)(a) — 2 cases
Sysco Corp v. Labor Comm'n, 2021 UT App 127 (Utah Ct. App. 2021).
Waxies Enter. v. Labor Comm'n, 2025 UT App 7 (Utah Ct. App. 2025).
— Utah Code § 34A-2-801(4)(b) — 1 case
Auto Owners Ins. v. Labor Comm'n, 2026 UT 3 (Utah 2026).
— Utah Code § 34A-2-801(7) — 3 cases
Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day Saints, 2007 UT 42 (Utah 2007). “Judicial review of Commission decisions is governed by both Utah Code section 34A-2-801 and Utah's Administrative Procedures Act (the "UAPA").”
Columbia HCA v. Labor Comm'n, 2011 UT App 210 (Utah Ct. App. 2011). “See Utah Code Ann. § 34A-2-801(7) (Supp.2010) (explaining that appeals from final agency actions in workers' compensation cases are guided by the UAPA); accord Whitear, 978 P.”
Jex v. Labor Comm'n, 2012 UT App 98 (Utah Ct. App. 2012). “See generally Utah Code Ann. § 34A-2-801(1)(a) (2011) ("To contest an action of the employee's employer or its insurance carrier concerning a compen-sable industrial accident .”
— Utah Code § 34A-2-801(8) — 1 case
Color Country Mgmt. v. Labor Comm'n, 2001 UT App 370 (Utah Ct. App. 2001). “OPINION DAVIS, Judge: T1 Color Country Management and Mid Century Insurance Company (collectively Color Country) petition for review of the action of the Labor Commission pursuant to Utah Code Ann. §§ 34A-2-801(8) (1997), 63-46b-16 (1997), 1 and Rule 14 of the Utah Rules of…”
— Utah Code § 34A-2-801(8)(a) — 1 case
Mendoza v. Labor Comm'n, 164 P.3d 447 (Utah Ct. App. 2007).
— Utah Code § 34A-2-801(9)(a) — 3 cases
JBS USA v. Labor Comm'n, 2020 UT App 86 (Utah Ct. App. 2020). “See Utah Code Ann. § 34A-2-801(9)(a) (LexisNexis 2019).”
Par Elec. & Old Repub. Ins. Co. v. Labor Comm'n, 2017 UT App 169 (Utah Ct. App. 2017). “” See Utah Code Ann. § 34A-2-801(9)(a) (LexisNexis Supp.”
JBS Carriers v. Labor Comm'n, 2021 UT App 44 (Utah Ct. App. 2021). “¶17 In our analysis, given that we review the Commission’s decision and not the ALJ’s, see Utah Code Ann. § 34A-2-801(9)(a) (stating that we review “the decision of the commissioner or Appeals Board”), we begin by examining the merits of the Commission’s decision about whether…”
— Utah Code § 34A-2-801(c) — 1 case
Working RX, Inc. v. Workers' Comp. Fund, 2007 UT App 376 (Utah Ct. App. 2007). “" Utah Code Ann. § 34A-2-801 (1)(a) (2005).”
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