Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 369 (2022GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes that a member of a medical panel acting within the scope of duties of a medical panel member is considered an employee of the state for purposes of indemnification under the Governmental Immunity Act of Utah; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MEDICAL PANEL GOVERNMENTAL IMMUNITY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to medical panels appointed under the Workers'
Compensation Act.
Highlighted Provisions:
This bill:
▸ establishes that a member of a medical panel acting within the scope of duties of a
medical panel member is considered an employee of the state for purposes of
indemnification under the Governmental Immunity Act of Utah; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34A-2-601
, as last amended by Laws of Utah 2013, Chapter 428
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-2-601
 is amended to read:
34A-2-601.
Medical panel, director, or consultant -- Findings and reports --
Objections to report -- Hearing -- Expenses.
(1) (a) The Division of Adjudication may refer the medical aspects of a case described
in this Subsection (1)(a) to a medical panel appointed by an administrative law judge:
(i) upon the filing of a claim for compensation arising out of and in the course of
employment for:
(A) disability by accident; or
(B) death by accident; and
(ii) if the employer or the employer's insurance carrier denies liability.
(b) An administrative law judge may appoint a medical panel upon the filing of a claim
for compensation based upon disability or death due to an occupational disease.
(c) A medical panel appointed under this section shall consist of one or more
physicians specializing in the treatment of the disease or condition involved in the claim.
(d) A member of a medical panel appointed under this section, when acting within the
scope of duties of a medical panel member, is considered an employee of this state for purposes
of indemnification under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
[
(d)
] 
(e)
 As an alternative method of obtaining an impartial medical evaluation of the
medical aspects of a controverted case, the division may employ a medical director or one or
more medical consultants:
(i) on a full-time or part-time basis; and
(ii) for the purpose of:
(A) evaluating medical evidence; and
(B) advising an administrative law judge with respect to the administrative law judge's
ultimate fact-finding responsibility.
[
(e)
] 
(f)
 If all parties agree to the use of a medical director or one or more medical
consultants, the medical director or one or more medical consultants is allowed to function in
the same manner and under the same procedures as required of a medical panel.
(2) (a) A medical panel, medical director, or medical consultant may do the following
to the extent the medical panel, medical director, or medical consultant determines that it is
necessary or desirable:
(i) conduct a study;
(ii) take an x-ray;
(iii) perform a test; or
(iv) if authorized by an administrative law judge, conduct a post-mortem examination.
(b) A medical panel, medical director, or medical consultant shall make:
(i) a report in writing to the administrative law judge in a form prescribed by the
Division of Adjudication; and
(ii) additional findings as the administrative law judge may require.
(c) In an occupational disease case, in addition to the requirements of Subsection
(2)(b), a medical panel, medical director, or medical consultant shall certify to the
administrative law judge:
(i) the extent, if any, of the disability of the claimant from performing work for
remuneration or profit;
(ii) whether the sole cause of the disability or death, in the opinion of the medical
panel, medical director, or medical consultant results from the occupational disease; and
(iii) (A) whether any other cause aggravated, prolonged, accelerated, or in any way
contributed to the disability or death; and
(B) if another cause contributed to the disability or death, the extent in percentage to
which the other cause contributed to the disability or death.
(d) (i) An administrative law judge shall promptly distribute full copies of a report
submitted to the administrative law judge under this Subsection (2) by mail to:
(A) the applicant;
(B) the employer;
(C) the employer's insurance carrier; and
(D) an attorney employed by a person listed in Subsections (2)(d)(i)(A) through (C).
(ii) Within 20 days after the 
day on which the
 report described in Subsection (2)(d)(i) is
deposited in the United States post office, the following may file with the administrative law
judge a written objection to the report:
(A) the applicant;
(B) the employer; or
(C) the employer's insurance carrier.
(iii) If no written objection is filed within the period described in Subsection (2)(d)(ii),
the report is considered admitted in evidence.
(e) (i) An administrative law judge may base the administrative law judge's finding and
decision on the report of:
(A) a medical panel;
(B) the medical director; or
(C) one or more medical consultants.
(ii) Notwithstanding Subsection (2)(e)(i), an administrative law judge is not bound by a
report described in Subsection (2)(e)(i) if other substantial conflicting evidence in the case
supports a contrary finding.
(f) (i) If a written objection to a report is filed under Subsection (2)(d), the
administrative law judge may set the case for hearing to determine the facts and issues
involved.
(ii) At a hearing held pursuant to this Subsection (2)(f), any party may request the
administrative law judge to have any of the following present at the hearing for examination
and cross-examination:
(A) the chair of the medical panel;
(B) the medical director; or
(C) the one or more medical consultants.
(iii) For good cause shown, an administrative law judge may order the following to be
present at the hearing for examination and cross-examination:
(A) a member of a medical panel, with or without the chair of the medical panel;
(B) the medical director; or
(C) a medical consultant.
(g) (i) A written report of a medical panel, medical director, or one or more medical
consultants may be received as an exhibit at a hearing described in Subsection (2)(f).
(ii) Notwithstanding Subsection (2)(g)(i), a report received as an exhibit under
Subsection (2)(g)(i) may not be considered as evidence in the case except as far as the report is
sustained by the testimony admitted.
(h) For a claim referred under Subsection (1) to a medical panel, medical director, or
medical consultant before July 1, 1997, the commission shall pay out of the Employers'
Reinsurance Fund established in Section 
34A-2-702
:
(i) expenses of a study or report of the medical panel, medical director, or medical
consultant; and
(ii) the expenses of the medical panel's, medical director's, or medical consultant's
appearance before an administrative law judge.
(i) (i) For a claim referred under Subsection (1) to a medical panel, medical director, or
medical consultant on or after July 1, 1997, the commission shall pay out of the Uninsured
Employers' Fund established in Section 
34A-2-704
 the expenses of:
(A) a study or report of the medical panel, medical director, or medical consultant; and
(B) the medical panel's, medical director's, or medical consultant's appearance before
an administrative law judge.
(ii) Notwithstanding Section 
34A-2-704
, the expenses described in Subsection (2)(i)(i)
shall be paid from the Uninsured Employers' Fund whether or not the employment relationship
during which the industrial accident or occupational disease occurred is localized in Utah as
described in Subsection 
34A-2-704
(20).
(3) (a) The commission may employ a qualified physician as medical panel director
who, in addition to the other duties outlined in this section for a medical director, is responsible
for:
(i) assisting the commission in creating and enforcing standards for medical panels and
medical consultants;
(ii) training members of medical panels or medical consultants;
(iii) increasing the number of physicians who participate on medical panels;
(iv) ensuring medical panels include appropriate specialists; and
(v) monitoring the quality of medical panel and medical consultant reports.
(b) The commission shall pay the expenses of employing a medical panel director
described in this Subsection (3) out of the Uninsured Employers' Fund established in Section
34A-2-704
.