2006 Utah Code - 34A-2-702 — Employers\' Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents.

     34A-2-702.   Employers' Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents.
     (1) (a) There is created an Employers' Reinsurance Fund for the purpose of making payments for industrial accidents or occupational diseases occurring on or before June 30, 1994. The payments shall be made in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. The Employers' Reinsurance Fund shall have no liability for industrial accidents or occupational diseases occurring on or after July 1, 1994.
     (b) The Employers' Reinsurance Fund shall succeed to all monies previously held in the "Special Fund," the "Combined Injury Fund," or the "Second Injury Fund."
     (c) The commissioner shall appoint an administrator of the Employers' Reinsurance Fund.
     (d) The state treasurer shall be the custodian of the Employers' Reinsurance Fund, and the administrator shall make provisions for and direct its distribution.
     (e) Reasonable costs of administering the Employers' Reinsurance Fund or other fees may be paid from the fund.
     (2) The state treasurer shall:
     (a) receive workers' compensation premium assessments from the State Tax Commission; and
     (b) invest the Employers' Reinsurance Fund to ensure maximum investment return for both long and short term investments in accordance with Section 51-7-12.5.
     (3) The administrator may employ, retain, or appoint counsel to represent the Employers' Reinsurance Fund in proceedings brought to enforce claims against or on behalf of the fund. If requested by the commission, the attorney general shall aid in representation of the fund.
     (4) The liability of the state, its departments, agencies, instrumentalities, elected or appointed officials, or other duly authorized agents, with respect to payment of any compensation benefits, expenses, fees, medical expenses, or disbursement properly chargeable against the Employers' Reinsurance Fund, is limited to the cash or assets in the Employers' Reinsurance Fund, and they are not otherwise, in any way, liable for the operation, debts, or obligations of the Employers' Reinsurance Fund.
     (5) If injury causes death within a period of 312 weeks from the date of the accident, the employer or insurance carrier shall pay the burial expenses of the deceased as provided in Section 34A-2-418, and further benefits in the amounts and to the persons in accordance with Subsections (5)(a) through (c).
     (a) (i) If there are wholly dependent persons at the time of the death, the payment by the employer or its insurance carrier shall be 66-2/3% of the decedent's average weekly wage at the time of the injury, but not more than a maximum of 85% of the state average weekly wage at the time of the injury per week and not less than a minimum of $45 per week, plus $5 for a dependent spouse, plus $5 for each dependent minor child under the age of 18 years, up to a maximum of four such dependent minor children, but not exceeding the average weekly wage of the employee at the time of the injury, and not exceeding 85% of the state average weekly wage at the time of the injury per week.
     (ii) Compensation shall continue during dependency for the remainder of the period between the date of the death and the expiration of 312 weeks after the date of the injury.
     (iii) The payment by the employer or its insurance carrier to wholly dependent persons during dependency following the expiration of the first 312-week period described in Subsection (5)(a)(i) shall be an amount equal to the weekly benefits paid to those wholly dependent persons

during that initial 312-week period, reduced by 50% of any weekly federal Social Security death benefits paid to those wholly dependent persons.
     (iv) The issue of dependency shall be subject to review by an administrative law judge at the end of the initial 312-week period and annually after the initial 312-week period. If in any review it is determined that, under the facts and circumstances existing at that time, the applicant is no longer a wholly dependent person, the applicant may be considered a partly dependent or nondependent person and shall be paid such benefits as the administrative law judge may determine under Subsection (5)(b)(iii).
     (v) For purposes of any dependency determination, a surviving spouse of a deceased employee shall be conclusively presumed to be wholly dependent for a 312-week period from the date of death of the employee. This presumption shall not apply after the initial 312-week period and, in determining the then existing annual income of the surviving spouse, the administrative law judge shall exclude 50% of any federal Social Security death benefits received by that surviving spouse.
     (b) (i) If there are partly dependent persons at the time of the death, the payment shall be 66-2/3% of the decedent's average weekly wage at the time of the injury, but not more than a maximum of 85% of the state average weekly wage at the time of the injury per week and not less than a minimum of $45 per week.
     (ii) Compensation shall continue during dependency for the remainder of the period between the date of death and the expiration of 312 weeks after the date of injury as the administrative law judge in each case may determine. Compensation may not amount to more than a maximum of $30,000.
     (iii) The benefits provided for in this subsection shall be in keeping with the circumstances and conditions of dependency existing at the date of injury, and any amount awarded by the administrative law judge under this subsection shall be consistent with the general provisions of this chapter and Chapter 3, Utah Occupational Disease Act.
     (iv) Benefits to persons determined to be partly dependent under Subsection (5)(a) (v) shall be determined by the administrative law judge in keeping with the circumstances and conditions of dependency existing at the time of the dependency review and may be paid in an amount not exceeding the maximum weekly rate that partly dependent persons would receive if wholly dependent.
     (v) Payments under this section shall be paid to such persons during their dependency by the employer or its insurance carrier.
     (c) If there are wholly dependent persons and also partly dependent persons at the time of death, the administrative law judge may apportion the benefits as the administrative law judge considers just and equitable; provided, that the total benefits awarded to all parties concerned do not exceed the maximum provided for by law.
     (6) The Employers' Reinsurance Fund:
     (a) shall be:
     (i) used only in accordance with Subsection (1) for:
     (A) the purpose of making payments for industrial accidents or occupational diseases occurring on or before June 30, 1994, in accordance with this section and Section 34A-2-703; and
     (B) payment of:
     (I) reasonable costs of administering the Employers' Reinsurance Fund; or
     (II) fees required to be paid by the Employers' Reinsurance Fund;

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     (ii) expended according to processes that can be verified by audit; and
     (b) may not be used for:
     (i) administrative costs unrelated to the fund; or
     (ii) any activity of the commission other than an activity described in Subsection (6)(a).

Renumbered and Amended by Chapter 375, 1997 General Session