Utah Code » Title 34A, Chapter 3 — Utah Occupational Disease Act; part 34A-3-1 — Utah Occupational Disease Act
Utah Code

Utah Code § 34A-3-110 (2026)

Occupational disease aggravated by other diseases

✓ current as of May 2026
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The compensation payable under this chapter shall be reduced and limited to the proportion of the compensation that would be payable if the occupational disease were the sole cause of disability or death, as the occupational disease as a causative factor bears to all the causes of the disability or death when the occupational disease, or any part of the disease:

is causally related to employment with a non-Utah employer not subject to commission jurisdiction;
is of a character to which the employee may have had substantial exposure outside of employment or to which the general public is commonly exposed;
is aggravated by any other disease or infirmity not itself compensable; or
when disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2007–2023 · leading case: Barker v. Labor Comm'n, 2023 UT App 31, 528 P.3d 1260.
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Barker v. Labor Comm'n, 2023 UT App 31, 528 P.3d 1260. · cites it 6× “§ 34A-3-110. However, we are convinced it is most reasonable to place that burden on the employer, as the proponent of the reduction.”
Dale T. Smith & Sons v. Utah Labor Comm'n, 2009 UT 19, 218 P.3d 580. · cites it 6× “ANALYSIS T 4 The specific question raised on certio-rari is whether the Legislature intended medical expenses to be included within the term "compensation" as used in section 34A-3-110 of the Utah Occupational Disease Act.”
Rueda v. Utah Labor Comm'n, 2017 UT 58, 423 P.3d 1175. · cites it 2× “Utah Code § 34A-3-110. 11 Another context in which the distinction remained highly relevant in Utah is in the application of the time limits for bringing a claim.”
Ameritech Library Servs. v. Labor Comm'n, 2007 UT App 305, 169 P.3d 784. · cites it 19× “Ameritech argues that the Appeals Board of the Commission (the Appeals Board) erred when it failed to properly apply Utah Code section 34A-8-110, see Utah Code Ann. § 34A-3-110 (2005), to apportion medical expenses based on the causal contribution of industrial factors to…”
E. Utah Broad. & Workers' Comp. Fund v. Labor Comm'n, 2007 UT App 99, 158 P.3d 1115. · cites it 3× “T13 Wood argues that because section 34A-3-110 of the Act already contemplates a pro rata reduction in benefits based on a comparison between non-work and work related causes, the Utah Legislature must not have intended to exclude mental diseases from compensation entirely when…”
Dale T. Smith & Sons v. Utah Labor Com'n, 2009 UT 19, 208 P.3d 533. · cites it 18× “Utah Code Ann. § 34A-3-110 (2005). ¶ 5 The Utah Occupational Disease Act provides the exclusive remedy for employees who suffer disability or death as a result of a disease or illness contracted in the course of their employment.”
Smith's Food & Drug, Inc. v. Labor Comm'n, 2011 UT App 67, 250 P.3d 1008. · cites it 2× “See Utah Code Ann. § 34A-3-110 (2005). However, the Utah Workers' Compensation Act has no similar apportionment requirement for industrial accidents.”
Ameritech Library Servs. (DYNIX) v. Utah Labor Comm'n, 2009 UT 20, 218 P.3d 582. · cites it 2× “In that opinion we held that in the context of Utah Code section 34A-3-110, the term "compensation" includes medical expenses.”
Ameritech Lib. Servs. v. Utah Labor Com'n, 2009 UT 20, 213 P.3d 30. · cites it 4× “Following an evidentiary hearing by the Labor Commission and consideration by a medical panel, the Administrative Law Judge (ALJ) found that ten percent of the carpal tunnel syndrome could be attributed to Edmonds' work related activities.”
Utah Code § 34A-3-110(1): 1 case
Barker v. Labor Comm'n, 2023 UT App 31, 528 P.3d 1260. “§ 34A-3-110. However, we are convinced it is most reasonable to place that burden on the employer, as the proponent of the reduction.”
Utah Code § 34A-3-110(2): 1 case
Barker v. Labor Comm'n, 2023 UT App 31, 528 P.3d 1260. “§ 34A-3-110. However, we are convinced it is most reasonable to place that burden on the employer, as the proponent of the reduction.”
Utah Code § 34A-3-110(3): 1 case
Barker v. Labor Comm'n, 2023 UT App 31, 528 P.3d 1260. “§ 34A-3-110. However, we are convinced it is most reasonable to place that burden on the employer, as the proponent of the reduction.”
Utah Code § 34A-3-110(4): 1 case
Barker v. Labor Comm'n, 2023 UT App 31, 528 P.3d 1260. “§ 34A-3-110. However, we are convinced it is most reasonable to place that burden on the employer, as the proponent of the reduction.”
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