Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 159 Second Substitute (2023GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies requirements for calculating add-on fees under a medical workers' compensation claim;
• modifies the circumstances under which a firefighter is presumed to have contracted certain cancers during the course of the firefighter's employment;
• requires the Division of Industrial Accidents to conduct a study regarding cancers commonly caused in the course of a firefighter's employment;
• includes a sunset date and reporting requirements for the study; and
• makes technical changes.

Every vote on this bill

Bill text

OCCUPATIONAL INJURIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Casey Snider
LONG TITLE
General Description:
This bill addresses provisions related to occupational injuries and diseases. 
Highlighted Provisions:
This bill:
▸ modifies requirements for calculating add-on fees under a medical workers'
compensation claim;
▸ modifies the circumstances under which a firefighter is presumed to have contracted
certain cancers during the course of the firefighter's employment;
▸ requires the Division of Industrial Accidents to conduct a study regarding cancers
commonly caused in the course of a firefighter's employment;
▸ includes a sunset date and reporting requirements for the study; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34A-1-309
, as repealed and reenacted by Laws of Utah 2019, Chapter 15
34A-3-113
, as last amended by Laws of Utah 2022, Chapter 346
63I-2-234
, as last amended by Laws of Utah 2021, Chapter 82
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-1-309
 is amended to read:
34A-1-309.
Add-on fees.
(1) As used in this section:
(a) "Carrier" means
:
(i)
 a workers' compensation insurance carrier[
,
]
;
(ii)
 the Uninsured Employers' Fund, an employer that does not carry workers'
compensation insurance[
,
]
;
 or
(iii)
 a self-insured employer as defined in Section 
34A-2-201.5
.
(b) "Indemnity compensation" means a workers' compensation claim for indemnity
benefits that arises from or may arise from a denial of a medical claim.
(c) "Medical claim" means a workers' compensation claim for medical expenses or
recommended medical care.
(d) "Unconditional denial" means a carrier's denial of a medical claim:
(i) after the carrier completes an investigation; or
(ii) 90 days after the day on which the claim was submitted to the carrier.
(2) (a) The commission may award an add-on fee to a claimant to be paid by the carrier
if:
(i) a medical claim is at issue;
(ii) the carrier issues an unconditional denial of the medical claim;
(iii) the claimant hires an attorney to represent the claimant during the formal
adjudicative process before the commission;
(iv) after the carrier issues the unconditional denial, the commission orders the carrier
or the carrier agrees to pay the medical claim; and
(v) any award of indemnity compensation in the case is less than $5,000.
(b) An award of an add-on fee under this section is in addition to:
(i) the amount awarded for the medical claim or indemnity compensation; and
(ii) any amount for attorney fees agreed upon between the claimant and the claimant's
attorney.
(c) An award under this section is governed by the law in effect at the time the claimant
files an application for hearing with the Division of Adjudication.
(d) (i) Medical expenses awarded as part of a medical claim under this section shall be
calculated in accordance with the amount the carrier is required to pay under the rules
established by the commission under Subsection 
34A-2-407
(9).
(ii) If the medical expenses awarded under this section are not set forth in the rules
described in Subsection 
34A-2-407
(9), the medical expenses shall be calculated based on the
amount the carrier paid or is contractually required to pay to the medical provider, whichever is
greater.
(3) If the commission awards an add-on fee under this section, the commission shall
award the add-on fee in the following amount:
(a) the lesser of 25% of the medical expenses the commission awards to the claimant or
$25,000, for a case that is resolved at the commission level;
(b) the lesser of 30% of the medical expenses the Utah Court of Appeals awards to the
claimant or $30,000, for a case that is resolved on appeal before the Utah Court of Appeals; or
(c) the lesser of 35% of the medical expenses that the Utah Supreme Court awards to
the claimant or $35,000, for a case that is resolved on appeal before the Utah Supreme Court.
(4) If a court invalidates any portion of this section, the entire section is invalid.
Section 2. Section 
34A-3-113
 is amended to read:
34A-3-113.
Presumption of workers' compensation benefits for firefighters --
Study.
(1) As used in this section:
(a) (i) "Firefighter" means a member, including a volunteer member, as described in
Subsection 
67-20-2
(7)(b)(ii), or a member paid on call, of a fire department or other
organization that provides fire suppression and other fire-related service who is responsible for
or is in a capacity that includes responsibility for the extinguishment of fires.
(ii) "Firefighter" does not include a person whose job description, duties, or
responsibilities do not include direct involvement in fire suppression.
(b) "Presumptive cancer" means one or more of the following cancers:
(i) pharynx;
(ii) esophagus;
(iii) lung; and
(iv) mesothelioma.
(2) If a firefighter who contracts a presumptive cancer meets the requirements of
Subsection (3), there is a rebuttable presumption that:
(a) the presumptive cancer was contracted arising out of and in the course of
employment; and
(b) the presumptive cancer was not contracted by a willful act of the firefighter.
(3) To be entitled to the rebuttable presumption described in Subsection (2)
, the
firefighter shall
:
(a) during the time of employment as a firefighter, [
the firefighter undergoes
] 
undergo
annual physical examinations;
(b) [
the firefighter shall
] have been employed as a firefighter for eight years or more
and regularly responded to firefighting or emergency calls within the eight-year period; and
(c) if [
a
] 
the
 firefighter has used tobacco, [
the firefighter provides
] 
provide
documentation from a physician that indicates that the firefighter has not used tobacco for the
eight years preceding reporting the presumptive cancer to the employer or division.
(4) A presumption established under this section may be rebutted by a preponderance
of the evidence.
(5) If a firefighter who contracts a presumptive cancer is employed as a firefighter by
more than one employer and qualifies for the presumption under Subsection (2), and that
presumption has not been rebutted, the employer and insurer at the time of the last substantial
exposure to risk of the presumptive cancer are liable under this chapter [
pursuant to
] 
under
Section 
34A-3-105
.
(6) A cause of action subject to the presumption under this section is considered to
arise on the date [
after May 12, 2015,
] that the employee:
(a) suffers disability from the occupational disease;
(b) knows, or in the exercise of reasonable diligence should have known, that the
occupational disease is caused by employment; and
(c) files a claim as provided in Section 
34A-3-108
.
(7) (a) The division shall conduct a study to determine whether cancers other than the
cancers listed in Subsection (1)(b) are commonly contracted in the course of a firefighter's
employment.
(b) In conducting the study, the division shall:
(i) consider cancer latency periods; and
(ii) consult with:
(A) associations representing firefighters;
(B) fire departments; and
(C) the Rocky Mountain Center for Occupational and Environmental Health created in
Section 
53B-30-203
.
(c) Before November 30, 2024, the division shall provide a report to the Business and
Labor Interim Committee summarizing the results of the study and any recommendations for
legislation.
Section 3. Section 
63I-2-234
 is amended to read:
63I-2-234.
Repeal dates: Title 34A.
(1)
 Section 
34A-2-107.3
 is repealed May 15, 2025.
 (2) Subsection 
34A-3-113
(7) relating to a study is repealed on January 1, 2025.