Section 420 – Continuing jurisdiction of commission — No authority to change statutes of limitation — Authority to destroy records — Interest on award — Authority to approve final settlement claims.

Effective 5/13/2014
34A-2-420. Continuing jurisdiction of commission — No authority to change statutes of limitation — Authority to destroy records — Interest on award — Authority to approve final settlement claims.

• (1)
  • (a) The powers and jurisdiction of the commission over each case is continuing.
  • (b) After notice and hearing, the Division of Adjudication, commissioner, or Appeals Board in accordance with Part 8, Adjudication, may from time to time modify or change a former finding or order of the commission.
  • (c) This section may not be interpreted as modifying the statutes of limitations contained in Section 34A-2-417 or other sections of this chapter or Chapter 3, Utah Occupational Disease Act, or authorizing the commission to change these statutes of limitations.
  • (d) In addition to other settlements permissible under this chapter or Chapter 3, Utah Occupational Disease Act, and notwithstanding Subsection (1)(c), the commission may approve a full and final settlement of an employee’s claim for compensation under this chapter or Chapter 3, Utah Occupational Disease Act, including the payment of medical and disability benefits, if:
    • (i)
      • (A) the employee’s claim for medical benefits is allowed under Subsection 34A-2-417(1), but the payment of disability benefits associated with the medical benefits and resulting treatment is barred pursuant to Subsection 34A-2-417(2); and
      • (B) the full and final settlement is presented to the commission for approval; or
    • (ii) an employee’s claim for compensation under this chapter or Chapter 3, Utah Occupational Disease Act, is the liability of the Employers’ Reinsurance Fund created in Section 34A-2-702 or the Uninsured Employers’ Fund created in Section 34A-2-704.

• (2) A record pertaining to a case that has been closed and inactive for 10 years, other than a case of total permanent disability or a case in which a claim has been filed as in Section 34A-2-417, may be destroyed at the discretion of the commission.

• (3) An award made by a final order of the commission shall include interest at the rate of 8% per annum from the date when each benefit payment would have otherwise become due and payable.

• (4) Notwithstanding Subsection (1) and Section 34A-2-108, an administrative law judge shall review and may approve the agreement of the parties to enter into a full and final settlement by means of a:
  • (a) compromise settlement of disputed medical, disability, or death benefit entitlements under this chapter or Chapter 3, Utah Occupational Disease Act; or
  • (b) commutation and settlement of reasonable future medical, disability, or death benefit entitlements under this chapter or Chapter 3, Utah Occupational Disease Act, by means of a lump sum payment, structured settlement, or other appropriate payout.

• (5) A full and final settlement approved under this section shall extinguish the employer’s liability to the employee under this chapter and Chapter 3, Utah Occupational Disease Act, except for an issue that is expressly preserved.

• (6) A full and final settlement effectuating a compromise or commutation may provide for payment of benefits:
  • (a) in cash or cash equivalents; or
  • (b) through an insurance contract or by a third party if the commission determines that the payment provisions:
    • (i) are secure and assign, transfer, or reinsure the financial obligation to make benefit payments to a qualified third party in compliance with commission rules; or
    • (ii) do not relieve the parties of their underlying liability for payments required by the full and final settlement agreement.

Amended by Chapter 82, 2014 General Session