34A-8a-102 - Definitions.
34A-8a-102. Definitions.
(1) "Disabled injured worker" means an injured worker who:
(a) because of the injury or disease that is the basis of the employee being an injuredworker:
(i) is or will be unable to return to work in the injured worker's usual and customaryoccupation; or
(ii) is unable to perform work for which the injured worker has previous training andexperience; and
(b) reasonably can be expected to attain gainful employment after an evaluation providedfor in accordance with this chapter.
(2) "Division" means the Division of Industrial Accidents.
(3) (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.
(4) "Initial written report" means a report required under Section 34A-8a-301.
(5) "Injured worker" means an employee who sustains an industrial injury oroccupational disease for which benefits are provided under Chapter 2, Workers' CompensationAct, or Chapter 3, Utah Occupational Disease Act.
(6) "Parties" means:
(a) a disabled injured worker;
(b) the employer of the disabled injured worker;
(c) the employer's workers' compensation insurance carrier; and
(d) a rehabilitation or reemployment professional for the employer or the employer'sworkers' compensation insurance carrier.
(7) "Reemployment plan" means a written:
(a) description or rationale for the manner and means by which it is proposed a disabledinjured worker may return to gainful employment; and
(b) definition of the voluntary responsibilities of:
(i) the disabled injured worker;
(ii) the employer; and
(iii) one or more other parties involved with the implementation of the reemploymentplan.
Renumbered and Amended by Chapter 158, 2009 General Session