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

Utah Code § 34A-2-802 (2026)

Rules of evidence and procedure before commission -- Admissible evidence

✓ laws through the 2026 General Session (checked Sept. 2026)
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The commission, the commissioner, an administrative law judge, or the Appeals Board, is not bound by the usual common law or statutory rules of evidence, or by any technical or formal rules or procedure, other than as provided in this section or as adopted by the commission pursuant to this chapter and Chapter 3, Utah Occupational Disease Act. The commission may make its investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of the chapter.
The commission may receive as evidence and use as proof of any fact in dispute all evidence considered material and relevant including the following:
depositions and sworn testimony presented in open hearings;
reports of attending or examining physicians, or of pathologists;
reports of investigators appointed by the commission;
reports of employers, including copies of time sheets, book accounts, or other records; or
hospital records in the case of an injured or diseased employee.

Amended by Chapter 297, 2011 General Session

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2001–2024 · leading case: JP's Landscaping v. Labor Comm'n, 2017 UT App 59, 397 P.3d 728.
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JP's Landscaping v. Labor Comm'n, 2017 UT App 59, 397 P.3d 728. · cites it 6× “” Utah Code Ann. § 34A-2-802(1) (LexisNexis 2015).”
Fastenal v. Labor Comm'n, 2020 UT App 53, 463 P.3d 90. · cites it 2× “(quoting Utah Code Ann. § 34A-2-802(1)) (cleaned up).”
Color Country Mgmt. v. Labor Comm'n, 2001 UT App 370, 38 P.3d 969. · cites it 2× “- Currently codified at Utah Code Ann. § 34A-2-802 (1997). 8 . In fact, the second ALJ had to independently review the evidence and make his own findings on the issue of permanent total disability compensation because the first ALJ had mistakenly relied on Utah Code Ann.”
Ernest Health, Inc. v. Labor Comm'n, 2016 UT App 48, 369 P.3d 462. · cites it 3× “" Utah Code Ann. § 34A-2-802(1) (LexisNexis 2011).”
Barron v. Labor Comm'n, 2012 UT App 80, 274 P.3d 1016. · cites it 2× “§ 34A-2-802(4)(a). To trigger the presumption, the presence of the controlled substance or its metabolite must be established by a chemical test that meets certain statutory requirements, which is not challenged here.”
Salt Lake Cnty. v. Labor Comm'n, 2009 UT App 112, 208 P.3d 1087. · cites it 2× “" Utah Code Ann. § 34A-2-802(B)(a) (2005). The term " 'willful' implie[s] something in addition to mere negligence.”
Giron v. Labor Comm'n, 2023 UT App 130, 539 P.3d 822. “§ 34A-2-802(2), id. § 63G-4- 206(1)(b)(i).”
Rouse v. Labor Comm'n, 2024 UT App 77. · cites it 4× “Indeed, “[t]he commission may receive as evidence and use as proof of any fact in dispute all evidence considered material and relevant,” Utah Code § 34A-2-802(2), and “may exclude evidence that is 9. As we explained above, we generally review the Appeals Board’s decision.”
Scott v. Labor Comm'n, 2013 UT App 291, 318 P.3d 253. · cites it 2× “See Utah Code Ann. § 34A-2-802(1) (granting the Labor Commission the discretion to conduct "its investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of the chapter"); cf.”
Utah Code § 34A-2-802(1): 5 cases
JP's Landscaping v. Labor Comm'n, 2017 UT App 59, 397 P.3d 728. “” Utah Code Ann. § 34A-2-802(1) (LexisNexis 2015).”
Fastenal v. Labor Comm'n, 2020 UT App 53, 463 P.3d 90. “(quoting Utah Code Ann. § 34A-2-802(1)) (cleaned up).”
Ernest Health, Inc. v. Labor Comm'n, 2016 UT App 48, 369 P.3d 462. “" Utah Code Ann. § 34A-2-802(1) (LexisNexis 2011).”
Rouse v. Labor Comm'n, 2024 UT App 77. “Indeed, “[t]he commission may receive as evidence and use as proof of any fact in dispute all evidence considered material and relevant,” Utah Code § 34A-2-802(2), and “may exclude evidence that is 9. As we explained above, we generally review the Appeals Board’s decision.”
Scott v. Labor Comm'n, 2013 UT App 291, 318 P.3d 253. “See Utah Code Ann. § 34A-2-802(1) (granting the Labor Commission the discretion to conduct "its investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of the chapter"); cf.”
Utah Code § 34A-2-802(2): 3 cases
JP's Landscaping v. Labor Comm'n, 2017 UT App 59, 397 P.3d 728. “” Utah Code Ann. § 34A-2-802(1) (LexisNexis 2015).”
Giron v. Labor Comm'n, 2023 UT App 130, 539 P.3d 822. “§ 34A-2-802(2), id. § 63G-4- 206(1)(b)(i).”
Rouse v. Labor Comm'n, 2024 UT App 77. “Indeed, “[t]he commission may receive as evidence and use as proof of any fact in dispute all evidence considered material and relevant,” Utah Code § 34A-2-802(2), and “may exclude evidence that is 9. As we explained above, we generally review the Appeals Board’s decision.”
Utah Code § 34A-2-802(4)(a): 1 case
Barron v. Labor Comm'n, 2012 UT App 80, 274 P.3d 1016. “§ 34A-2-802(4)(a). To trigger the presumption, the presence of the controlled substance or its metabolite must be established by a chemical test that meets certain statutory requirements, which is not challenged here.”
Utah Code § 34A-2-802(B)(a): 1 case
Salt Lake Cnty. v. Labor Comm'n, 2009 UT App 112, 208 P.3d 1087. “" Utah Code Ann. § 34A-2-802(B)(a) (2005). The term " 'willful' implie[s] something in addition to mere negligence.”
Utah Code § 34A-2-802(l): 1 case
JP's Landscaping v. Labor Comm'n, 2017 UT App 59, 397 P.3d 728. “” Utah Code Ann. § 34A-2-802(1) (LexisNexis 2015).”
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