Section 102 – Definition of terms.

• (1) As used in this chapter:
  • (a) “Average weekly wages” means the average weekly wages as determined under Section 34A-2-409.
  • (b) “Award” means a final order of the commission as to the amount of compensation due:
    • (i) an injured employee; or
    • (ii) a dependent of a deceased employee.
  • (c) “Compensation” means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act.
  • (d)
    • (i) “Decision” means a ruling of:
      • (A) an administrative law judge; or
      • (B) in accordance with Section 34A-2-801:
        • (I) the commissioner; or
        • (II) the Appeals Board.
    • (ii) “Decision” includes:
      • (A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
      • (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act.
  • (e) “Director” means the director of the division, unless the context requires otherwise.
  • (f) “Disability” means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. Disability can be total or partial, temporary or permanent, industrial or nonindustrial.
  • (g) “Division” means the Division of Industrial Accidents.
  • (h) “First responder” means:
    • (i) a law enforcement officer, as defined in Section 53-13-103;
    • (ii) an emergency medical technician, as defined in Section 26-8c-102;
    • (iii) an advanced emergency medical technician, as defined in Section 26-8c-102;
    • (iv) a paramedic, as defined in Section 26-8c-102;
    • (v) a firefighter, as defined in Section 34A-3-113;
    • (vi) a dispatcher, as defined in Section 53-6-102; or
    • (vii) a correctional officer, as defined in Section 53-13-104.
  • (i) “Impairment” is a purely medical condition reflecting an anatomical or functional abnormality or loss. Impairment may be either temporary or permanent, industrial or nonindustrial.
  • (j) “Order” means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons.
  • (k)
    • (i) “Personal injury by accident arising out of and in the course of employment” includes an injury caused by the willful act of a third person directed against an employee because of the employee’s employment.
    • (ii) “Personal injury by accident arising out of and in the course of employment” does not include a disease, except as the disease results from the injury.
  • (l) “Safe” and “safety,” as applied to employment or a place of employment, means the freedom from danger to the life or health of employees reasonably permitted by the nature of the employment.

• (2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
  • (a) “Brother or sister” includes a half brother or sister.
  • (b) “Child” includes:
    • (i) a posthumous child; or
    • (ii) a child legally adopted prior to an injury.

Amended by Chapter 121, 2019 General Session