Employers May Be Protected by Workers Compensation Decisions, But Third Parties Are Not.

The Utah Supreme Court ruled on Friday, May 14, 2010, that a workers compensation decision holding that a worker’s injuries were not caused by the operation of a machine could not be used by by the party that created or designed the machine in a later lawsuit if that party was not the worker’s employer.  The […]

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Are You Ready for May 11, 2010? New Laws Affecting Utah Employers.

The 2010 legislative sessions saw a lot of activity affecting employers and employees. Approximately fifty newly enacted laws will have some affect on employers and employees.  With only two or three exceptions, all of these laws become effective May 11, 2010.  (For a complete list of all the bills passed and their effective dates click here.) […]

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Utah Labor Commission Has Broad Statutory Authority to Correct Old Workers Compensation Judgments

In Frito-Lay v. Labor Commission, the Utah Supreme Court clarified that, although Utah state courts do not have authority to impose the Utah Rules of Civil Procedure on administrative proceedings, the Utah Workers’ Compensation Act gives the Labor Commission broad authority to correct orders even after statutory appellate deadlines have passed. Accordingly, in Frito-Lay, the […]

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Can a Railroad be Liable for Using an After-Market Air Conditioner?

The Utah Supreme Court issued a decision last week that will allow a railroad employee to pursue his claims for the injuries he suffered when he bumped his head on an overhead air-conditioner. The case entitled Raab v. Utah Railway Company will almost certainly become an oft-cited case in legal circles for its systematic analysis […]

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Utah Supreme Court Affirms Labor Commission’s Discretion in Partial Disability Determinations.

In LPI Services v. McGee, the Utah Supreme Court ruled on July 21, 2009, that the Labor Commission had discretion to make rules as to what the phrase “other work reasonably available” meant under the permanent total disability provisions of the Workers Compensation statute. The employer of a former employee who had been injured on […]

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Utah Statute Reducing Workers Compensation Benefits for Social Security Retirement Benefits Found Unconstitutional.

In Merrill v. Utah Labor Commission, the Utah Supreme Court ruled that the Utah Workers Compensation statutory provision that requires the reduction of workers compensation benefits by 50% of the Social Security retirement benefits received by an injured worker was unconstitutional under the “uniform operations of law” clause or article I, section 24 of the […]

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New Utah Laws that Affect Employers and Employees (Revised).

The Utah Legislative Session ended earlier this month and the Governor has signed many of the bills that passed. Following is a list of legislation that may have an impact on employers and employees. (For a link to the language of the relevant bill language as passed, click here.) House Bills: House Bill 12, County […]

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“General Contractor, Did You Know You May Have to Provide Workers’ Compensation for your Subcontractors?”

In Workers’ Compensation Fund v. Wadman Corp., a decision issued by the Utah Supreme Court yesterday, the Court decided that a general contractor was the “statutory employer” of a subcontractor’s employee for purposes of workers’ compensation coverage. Although the case presented a unique set of facts, the decision illustrates the necessity for general contractors to […]

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More Legislation that May Affect Employers and Employees

As has been discussed in previous posts, the Utah Legislature is considering legislation that will affect employers and employees in a number of ways. Here are additional bills that are being considered: House Legislation: House Bill 296, Schools for the Deaf and Blind Amendments. This bill clarifies that the School for the Deaf and Blind […]

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