34A-2-410 - Temporary disability -- Amount of payments -- State average weekly wage defined.
34A-2-410. Temporary disability -- Amount of payments -- State average weeklywage defined.
(1) (a) Subject to Subsections (1)(b) and (5), in case of temporary disability, so long asthe disability is total, the employee shall receive 66-2/3% of that employee's average weeklywages at the time of the injury but:
(i) not more than a maximum of 100% of the state average weekly wage at the time ofthe injury per week; and
(ii) (A) subject to Subsections (1)(a)(ii)(B) and (C), not less than a minimum of $45 perweek plus:
(I) $5 for a dependent spouse; and
(II) $5 for each dependent child under the age of 18 years, up to a maximum of fourdependent children;
(B) not to exceed the average weekly wage of the employee at the time of the injury; and
(C) not to exceed 100% of the state average weekly wage at the time of the injury perweek.
(b) In no case shall the compensation benefits exceed 312 weeks at the rate of 100% ofthe state average weekly wage at the time of the injury over a period of 12 years from the date ofthe injury.
(2) If a light duty medical release is obtained before the employee reaches a fixed state ofrecovery and no light duty employment is available to the employee from the employer,temporary disability benefits shall continue to be paid.
(3) The "state average weekly wage" as referred to in this chapter and Chapter 3, UtahOccupational Disease Act, shall be determined by the commission as follows:
(a) On or before June 1 of each year, the total wages reported on contribution reports tothe Unemployment Insurance Division for the preceding calendar year shall be divided by theaverage monthly number of insured workers determined by dividing the total insured workersreported for the preceding year by 12.
(b) The average annual wage obtained under Subsection (3)(a) shall be divided by 52.
(c) The average weekly wage determined under Subsection (3)(b) is rounded to thenearest dollar.
(4) The state average weekly wage determined under Subsection (3) shall be used as thebasis for computing the maximum compensation rate for:
(a) injuries or disabilities arising from occupational disease that occurred during the12-month period commencing July 1 following the June 1 determination; and
(b) any death resulting from the injuries or disabilities arising from occupational disease.
(5) The commission may reduce or terminate temporary disability compensation inaccordance with Section 34-2-410.5.
Amended by Chapter 349, 2008 General Session