DAR File No. 38553

Labor Commission, Industrial Accidents

Section R612-200-8

Burial Expenses

Notice of Proposed Rule

(Amendment)

DAR File No.: 38553
Filed: 05/23/2014 07:19:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to update the maximum for burial expenses if the death results from an on-the-job injury. The language of the rule has been clarified or simplified, no substantive change in the language was made.

Summary of the rule or change:

This rule change increases the maximum for burial expenses from $8,000 to $9,000. The language of the rule has been clarified or simplified, no substantive change in the language was made.

State statutory or constitutional authorization for this rule:

• Section 34A-2-101 et seq.
• Section 34A-1-104
• Section 34A-3-101 et seq.

Anticipated cost or savings to:

the state budget:

There would be a slight increase to the state budget for employers in those cases where an employee's death results from an on-the-job injury.

local governments:

There would be a slight increase to local governments in those cases where an employee's death results from an on-the-job injury.

small businesses:

There would be a slight increase to small businesses in those cases where an employee's death results from an on-the-job injury.

persons other than small businesses, businesses, or local governmental entities:

There would be a slight increase to persons other than small businesses, businesses, or local government entities in those cases where an employee's death results from an on-the-job injury.

Compliance costs for affected persons:

There would be a slight increase to the compliance costs for affected persons in those cases where an employee's death results from on-the-job injury.

Comments by the department head on the fiscal impact the rule may have on businesses:

There should be minimal 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 Commission
Industrial 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
• Jaceson Maughan at the above address, by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@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:

07/15/2014

This rule may become effective on:

07/22/2014

Authorized by:

Sherrie Hayashi, Commissioner

R612. Labor Commission, Industrial Accidents.

R612-200. Workers' Compensation Rules - Filing and Paying Claims.

R612-200-8. Burial Expenses.

1. The Commission adopts this rule [(1) P]pursuant to authority granted by Section 34A-2-418 of the Utah Workers' Compensation Act.

2. I[i]f death results from [an industrial]a work injury[ or occupational disease], burial expenses [in ordinary cases]up to $9,000 shall be paid[ by the employer or insurance carrier up to $8,000]. Unusual [cases]circumstances may [result in]require additional payment, either voluntarily [by the employer or insurance carrier ]or through [c]Commission order.

[(2)]3. [Beginning in the year 2004 and every two years thereafter,]During each even-numbered year the Commission shall review this rule and [shall ]make such adjustments as are necessary so that [the]payment of burial expense [provided]required by this rule remains equitable when compared to the average cost of burial in this state.

 

KEY: workers' compensation, filing deadlines, time, administrative proceedings

Date of Enactment or Last Substantive Amendment: [July 8, 2013]2014

Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104