DAR File No. 37136
This rule was published in the January 15, 2013, issue (Vol. 2013, No. 2) of the Utah State Bulletin.
Labor Commission, Industrial Accidents
Rule R612-8
Procedural Guidelines for the Reemployment Act
Notice of Proposed Rule
(Repeal)
DAR File No.: 37136
Filed: 12/28/2012 02:34:41 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The Labor Commission proposes to repeal this and other Industrial Accident Division rules in order to consolidate, reorganize, and reenact the substance of those rules in a format that is more logical and user friendly.
Summary of the rule or change:
The existing Rule R612-8 will be repealed in its entirety. The substance of the existing rule will be reenacted in new Rules R612-100 and R612-500. (DAR NOTE: The proposed new Rule R612-100 is under DAR No. 37124, and the proposed new Rule R612-500 is under DAR No. 37128 in this issue, January 15, 2013, of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Section 34A-1-104
- Section 34A-8-109
Anticipated cost or savings to:
the state budget:
Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to the state budget.
local governments:
Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to local government.
small businesses:
Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Because the substantive provisions of the existing rule will be reenacted as a new rule, repeal of the existing rule will not result in costs or savings to other affected persons.
Compliance costs for affected persons:
The repeal of existing Rule R612-8 and reenactment of its substantive provisions in Rules R612-100 and R612-500 will not change interested parties' rights or duties and will not impose any compliance costs on affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
The repeal of existing Rule R612-8, coupled with reenactment of the rule's substantive provisions in the new Rules R612-100 and R612-500, is intended to make the rule easier to find and use by businesses and all other stakeholders in the workers' compensation system. The Commission does not anticipate that the improved organization of these rules will result in any fiscal impact on businesses.
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 CommissionIndustrial Accidents
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov
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:
02/14/2013
This rule may become effective on:
02/21/2013
Authorized by:
Sherrie Hayashi, Commissioner
RULE TEXT
R612. Labor Commission, Industrial Accidents.
[R612-8. Procedural Guidelines for the Reemployment Act.
R612-8-1. Purpose, Authority and Definitions.
A. These rules guide insurance carriers and employers in
complying with reporting and other requirements of the Utah
Injured Workers Reemployment Act, Title 34A, Chapter 8a, Utah
Code Annotated.
B. The Utah Labor Commission enacts these rules under the
authority of section 34A-8a-202 and section 34A-8a-203.
C. Definitions established by section 34A-8a-102, section
34A-8a-203(1) and rule R612-1 apply to this rule. The following
definitions also apply to this rule:
1. "Insurance Carrier" includes insurance
carriers providing workers' compensation coverage and the
Uninsured Employers Fund;
2. "Employer" includes self-insured employers
and uninsured employers that are paying an injured workers'
claim for benefits.
3. "disabled Injured Worker" means an injured
worker who:
a. because of the injury or disease that is the basis fo
the employee being an injured worker:
i. is or will be unable to return to work in the injured
worker's usual and customary occupation; or
ii. is unable to perform work for which the injured
worker has previous training and experience; and
b. reasonably can be expected to attain gainful
employment after an evaluation provided for in accordance with
the Utah Injured Worker Reemployment Act, Title 34A, Chapter
8a.
R612-8-2. Form 206 - Insurer/Employer Initial Reemployment
Report for Injured Worker.
A. Pursuant to section 34A-8a-301, a worker who has
suffered a work-related injury or disease must be provided an
initial written report (Form 206) that assesses the injured
worker's need for vocational reemployment assistance. Form
206 is only required in those instances in which:
1. it appears the injured worker is or will be a
"disabled injured worker"; or
2. the duration of the injured workers' temporary
total disability compensation exceeds 90 days.
B. If the injured worker was covered by workers'
compensation insurance at the time of injury or disease or the
claim is being paid by the Uninsured employers' Fund (UEF),
the insurance carrier or UEF must prepare and submit Form 206. If
the injured worker's claim is being paid by a self-insured
employer or an uninsured employer, the employer must prepare and
submit From 206.
C. Form 206 must be mailed or otherwise delivered to the
injured worker and to the Division within 30 days after the
insurance carrier or employer knows or should know that the
injured worker's circumstances satisfy either of the
conditions described in subsection A. (1)of A. (2).
R612-8-3. Referral of Disabled Injured Worker for
Evaluation; Permission to Waive or Postpone Referral.
A. If Form 206 determinates that an injured worker
satisfies the definition of a "disabled injured
worker", the insurance carrier or employer shall refer the
injured worker to the Utah State Office of Rehabilitation or to a
private rehabilitation or reemployment service for evaluation and
development of a reemployment plan. This referral must be made
within 10 days after the insurance carrier or employer submits
From 206 to the Division unless the Division grants a waiver or
postponement as provided in the following submstion B of this
rule.
B. Section 34A-8a-302(3) authorizes the Labor Commission
through the Division of Industrial Accidents to waive or postpone
an insurance carrier or employer's referral obligation. An
insurance carrier or employer shall make its request by
completing and submitting "Form 215 - Insurer/Employer
Request to Waive/Postpone Reemployment Referral" to the
Division and mailing a copy of the completed form to the injured
worker. The Division will consider such requests on a
case-by-case basis. The Division will generally grant requests
for waiver or postponement for the following reasons, or for
other reasons similarly establishing good cause:
1. the injured worker was not medically stable;
2. the injured worker's physical capacity has not
been determined; or
3. liability for the injured worker's claim is under
review provided, however, that the Division may require the
insurance carrier or employer to refer the injured worker for the
free services offered by the Utah State Office of
Rehabilitation.
R612-8-4. Form 239 - Insurer/Employer Quarterly Report on
Reemployment Efforts to the Division; Penalties.
A. Beginning with the calendar quarter commencing on July
1, 2009, and continuing for each quarter thereafter, section
34A-8a-203(2) requires insurance carriers and employers (referred
to as "reporting entities") to file quarterly reports
enumerating their efforts to return injured workers to gainful
employment.
B. Reporting entities shall submit their quarterly
reports by completing Form 239 - Insurer/Employer Quarterly
Report on Reemployment Efforts," and filing the form with
the Division no later than 45 days after the end of each calendar
quarter.
C. Section 34A-8a-203(4) requires the Commission to
impose a civil penalty of up to $500 against a reporting entity
that fails to file Form 206. Initial proceedings to assess such
penalty are hereby designated as informal adjudicatory
proceedings, while all subsequent proceedings with respect to
assessment of such penalty are hereby designated as formal
proceedings.
R612-8-5. Administrative Review.
An injured worker, insurance carrier or employer may
submit any dispute arising from the provisions of the Utah
Injured Worker Reemployment Act or these rules to the Labor
Commission's Adjudication Division for resolution according
to the procedures established by the Utah Administrative
Procedures Act, Title 63G, Chapter 4, Utah Code
Annotated.
KEY: reemployment workers' compensation guidelines
Date of Enactment or Last Substantive Amendment: December 9,
2009
Notice of Continuation: September 17, 2009
Authorizing, and Implemented or Interpreted Law: 34A-1-104;
34A-8-109]
Additional Information
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For questions regarding the content or application of this rule, please contact Ron Dressler at the above address, by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov.