File No. 33063
This rule was published in the November 1, 2009, issue (Vol. 2009, No. 21) of the Utah State Bulletin.
Labor Commission, Industrial Accidents
Procedural Guidelines for the Reemployment Act
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 33063
Filed: 10/15/2009 12:59:48 PM
Purpose of the rule or reason for the change:
In enacting S.B. 15, the 2009 Utah Legislature renumbered and substantially modified the Utah Injured Worker Reemployment Act (Title 34A, Chapter 8a). Among other changes, the newly amended Act imposes several reporting requirements on insurers and self-insured employers. The purpose of the "proposed repeal and reenactment" is to eliminate the Commissions former rule, which reflected the previous version of the Injured Worker Reemployment Act, and to substitute a new rule that is consistent with the recently amended provisions of the Injured Worker Reemployment Act. (DAR NOTE: S.B. 15 (2009) is found at Chapter 85, Laws of Utah 2009, and was effective 03/20/2009.)
Summary of the rule or change:
The Commission's existing rule R612-8 is repealed and replaced with a new rule. The new rule explains the rule's purpose and the Commission's authority to promulgate the rule. It also references applicable definitions from the Injured Worker Reemployment Act. The rule authorizes and describes the forms insurers or employers must use to satisfy their reporting requirements under the Act. Finally, the rule references the statutory penalties that may be imposed for failure to comply with the Act's quarterly reporting requirements and defines the nature of administrative proceedings that may be used to resolve disputes under the Act.
State statutory or constitutional authorization for this rule:
- Section 34A-8-109
- Section 34A-1-104
Anticipated cost or savings to:
the state budget:
The Labor Commission will incur some costs in monitoring and enforcing the reporting requirements of the Utah Injured Worker Reemployment Act. The Commission anticipates these duties will require approximately one-quarter of a staff position, which translates to approximately $20,000. As to the cost to the state in its capacity as an employer, the state's workers' compensation insurance carrier will submit any necessary reports on behalf of the state, at no cost to the state.
In those cases where local governments purchase workers' compensation insurance, their insurance carrier will submit any necessary reports at no cost to the local government entity. If a local government is self-insured, it will be required to submit such reports on its own behalf. The reports are limited in number, simple to complete, and require information that should be readily available. The Commission therefore anticipates that the cost of completing such forms will be minimal.
Small businesses are almost always covered by workers' compensation insurance. Their insurance carrier will submit any necessary reports at no cost to the business. In the rare instances in which a small business is self-insured, it will be required to submit such reports on its own behalf. The reports are limited in number, simple to complete, and require information that should be readily available. The Commission therefore anticipates negligible costs to such businesses.
persons other than small businesses, businesses, or local governmental entities:
Workers' compensation insurance carriers will be required to comply with the reporting requirements of this rule. The reports are limited in number, simple to complete, and require information that should be readily available. The Commission therefore anticipates negligible costs to workers' compensation insurance carriers or any other persons.
Compliance costs for affected persons:
The Utah Injured Worker Reemployment Act imposes various monitoring, referral, and reporting requirements on insurance carriers and self-insured employers regarding efforts to return injured workers to employment. In implementing the Act, the Commission has required submission of only those forms and reports required by the Act itself. The Commission has also designed the forms as simply as possible. The Commission expects that insurance carriers and self-insured employers will be able to incorporate these reports into routine business processes and that the cost of compliance will be minimal.
Comments by the department head on the fiscal impact the rule may have on businesses:
In reenacting and amending the Utah Injured Worker Reemployment Act, the Utah Legislature declared a public policy in favor of monitoring the efforts of insurance carriers and employers to return injured workers to gainful employment. While the monitoring and reporting requirements of the Act and this proposed rule impose some compliance costs on insurance carriers and employers, the Commission has attempted to minimize such costs by proposing simple rules and forms. But to the extent that the Act and rules assist insurance carriers and employers in returning injured workers to employment, there will be a much greater cost savings from reduced workers' compensation payments and increased worker productivity.
Sherrie Hayashi, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Labor Commission
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Larry Bunkall at the above address, by phone at 801-530-6988, by FAX at 801-530-6844, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Sherrie Hayashi, Commissioner
R612. Labor Commission, Industrial Accidents.
R612-8. Procedural Guidelines for the Reemployment Act.
R612-8-1. Definitions. A. The definitions under Title 34A, Chapter 8 apply to this
B. In addition to the foregoing definitions, all definitions
in Rule R612-1 apply to this section.
R612-8-2. Authority. This rule is enacted under the authority of Section
R612-8-3. Procedural Guidelines. This rule is enacted to outline the procedural guidelines
for the reemployment program.
R612-8-4. Initial Status Report. Status Report - Form 206. When it appears that an injured
worker is or shall be a disabled worker, or when the period of
the injured worker's temporary total disability compensation
period exceeds 90 days, whichever comes first, the employer or
its workers' compensation insurance carrier shall, within 30
days thereafter file with the division and serve on the injured
worker a Status Report. The report shall contain claimant
demographics, insurance coverage details, and address the need
for vocational assistance. The report shall also contain
information regarding employer and employee expectations of
return-to-work. In the event an injured worker returns to
employment, or is deemed to have transferable skills but
doesn't have a job to return to, the insurance carrier shall
monitor the injured worker for sixty (60) days prior to closure
to ensure transition into employment. If the injured worker is
unsuccessful in a return to work effort, the issue of need for
vocational assistance will then be addressed. A final 206 shall
be submitted at the end of the monitoring period indicating
whether the injured worker was successful or unsuccessful in a
return to work effort.
R612-8-5. Initial Assessment. An initial assessment shall be completed for injured workers
who are unable to return to work in the same or similar
occupation because of functional limitations, and for workers who
have been unsuccessful in their return to work effort. The
initial assessment shall be completed by a qualified
rehabilitation provider and shall include the employee's work
history, functional limitations, transferable skills analysis
detailing a list of transferable skills and recommendations for
viable job opportunities. The assessment shall be filed with the
Reemployment Office within 120 days of the date of injury. For
injured workers that have been unsuccessful in their return to
work effort, the initial assessment shall be filed within 30 days
after the determination.
R612-8-6. Postponement. a. In the event an insurance carrier postpones an injured
worker's status due to medical reasons, the insurance carrier
shall submit a summary statement outlining the diagnosis and
medical treatment plan, along with the Status Report (Form 206),
documenting the need for postponement to the Reemployment
Program. An updated summary of the medical status shall be
provided by the insurance carrier every 90 days of postponement,
or at the time the injured worker's status changes.
b. The potential for rehabilitation shall be addressed
during the period of postponement, and the insurance
carrier/rehabilitation provider shall identify possible work
related activities and/or training options the injured worker
might engage in to encourage return to work at the end of medical
treatment, i.e., attaining their G.E.D., attending English as a
second language (E.S.L.) classes, on-the-job training with an
employer, or other work related activities. These work related
activities or training options may be suggested to the injured
worker, as an alternative to light duty during postponement, in
the event light duty work is not available.
R612-8-7. Administrative Review. The Request for Administrative Review (Form 207) shall be
made available to the injured worker upon request. This form is
completed when the employee wishes to contest the
information/decision made by the carrier or employer on the
Status Report (206) or initial assessment. In the event it is
determined through Administrative Review that the employee has a
valid dispute, the division may initiate a voluntary alternative
dispute resolution conference between all parties involved, i.e.,
carrier, rehabilitation agency, medical personnel, employer, and
R612-8-8. Rehabilitation Progress
Report. A Rehabilitation Progress Report (Form 208A) shall be
requested from the Utah State Office of Rehabilitation at each
stage of the reemployment process (eligibility determination,
reemployment plan development/implementation and case closure) or
at any interruption of the process. An Individualized Written
Rehabilitation Program (USOR 5 IWRP) shall also be requested when
a plan is developed. All other private rehabilitation providers
shall submit a Form 206 for any plan progress, postponement, or
interruption in the plan.
R612-8-9. Reemployment Plan. A Reemployment Plan (Form 209) shall be provided for injured
workers who are identified on the initial assessment as needing
reemployment assistance, due to an industrial accident or illness
which creates a significant barrier preventing a return to the
work force. Significant barriers include, but are not limited to:
1) impairment(s) resulting from the industrial accident(s) or
illness which prevent the employee from performing the essential
functions of the work activity for which the employee has been
qualified until the time of the industrial accident; 2) lack of
transferable skills; 3) education/training; and 4) age. The plan
shall not be provided for those injured workers who have
previously been screened out through Form 206. The report should
contain a return-to-work plan outlining employee demographics,
functional limitations, type of plan, specific job target or
employment category, specific tasks, time frames for completion
and costs. Parties responsible for carrying out each task shall
be identified (i.e., employee, employer, qualified rehabilitation
provider, and insurance carrier). The plan shall be completed by
a qualified rehabilitation provider (as defined by Section
34A-8-109) and filed within 30 days of the Initial
R612-8-10. Reemployment Plan Closure. Upon completion of the Reemployment Plan, a Reemployment Plan
Closure Report (Form 210) shall be submitted to the division. The
closure report shall detail costs in dollar amounts. The report
shall also contain all the details on the return to work status of
KEY: reemployment workers' compensation guidelines
Date of Enactment or Last Substantive Amendment: [
June 15, 1995]
Notice of Continuation: September 30, 2004
Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-8-109
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2009/b20091101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Larry Bunkall at the above address, by phone at 801-530-6988, by FAX at 801-530-6844, or by Internet E-mail at email@example.com.