2006 Utah Code - 34A-8-104 — Definitions.

     34A-8-104.   Definitions.
     (1) "Disabled injured worker" means an employee who:
     (a) has sustained an industrial injury or occupational disease for which benefits are provided under Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act;
     (b) because of the injury or disease;
     (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
     (c) reasonably can be expected to attain gainful employment after receiving the reemployment training and benefits provided for in this chapter.
     (2) "Division" means Division of Industrial Accidents.
     (3) (a) "Gainful employment" means employment that:
     (i) is reasonably attainable in view of the industrial injury or occupational disease; and
     (ii) offers to the injured worker, as reasonably feasible, an opportunity for earnings.
     (b) Factors to be considered in determining gainful employment include the injured worker's:
     (i) education;
     (ii) experience; and
     (iii) physical and mental impairment and condition.
     (4) "Parties" means:
     (a) the disabled injured worker;
     (b) employer;
     (c) workers' compensation insurance carrier;
     (d) reemployment coordinator; and
     (e) other professionals as deemed necessary by the commission.
     (5) "Reemployment plan" means the written description or rationale for the manner and means by which it is proposed a disabled injured worker may be returned to gainful employment. The reemployment plan shall define the voluntary responsibilities of the disabled injured worker, employer, and other parties involved with the implementation of the plan.

Renumbered and Amended by Chapter 375, 1997 General Session