2011 Utah Code
Title 34A Utah Labor Code
Chapter 8a Utah Injured Worker Reemployment Act
Section 102 Definitions.

34A-8a-102. Definitions.
(1) "Division" means the Division of Industrial Accidents.
(2) (a) "Gainful employment" means employment that:
(i) is reasonably attainable in view of an industrial injury or occupational disease; and
(ii) offers to an injured worker, as reasonably feasible, an opportunity for earnings.
(b) Factors considered in determining gainful employment include an injured worker's:
(i) education;
(ii) experience; and
(iii) physical and mental impairment and condition.
(3) "Initial written report" means a report required under Section 34A-8a-301.
(4) "Injured worker" means an employee who sustains an industrial injury or occupational disease for which benefits are provided under Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act.
(5) "Injured worker with a disability" means an injured worker who:
(a) because of the injury or disease that is the basis of 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 this chapter.
(6) "Parties" means:
(a) an injured worker with a disability;
(b) the employer of the injured worker with a disability;
(c) the employer's workers' compensation insurance carrier; and
(d) a rehabilitation or reemployment professional for the employer or the employer's workers' compensation insurance carrier.
(7) "Reemployment plan" means a written:
(a) description or rationale for the manner and means by which it is proposed an injured worker with a disability may return to gainful employment; and
(b) definition of the voluntary responsibilities of:
(i) the injured worker with a disability;
(ii) the employer; and
(iii) one or more other parties involved with the implementation of the reemployment plan.