Utah Labor Codes 34A-2-407

(2) Any employee who fails to notify the employee's employer or the division within 180 days of an injury is barred for any claim of benefits arising from the injury. (3) The following constitute notification of injury: (a) an employer's or physician's injury report filed with the division, employer, or insurance carrier; or (b) the payment of any medical or disability benefits by the employer or the employer's insurance carrier. (4) (a) In the form prescribed by the division, each employer shall file a report with the division of any: (i) work-related fatality; or (ii) work-related injury resulting in: (A) medical treatment; (B) loss of consciousness; (C) loss of work; (D) restriction of work; or (E) transfer to another job. (b) The employer shall file the report required by Subsection (4)(a) within seven days after: (i) the occurrence of a fatality or injury; (ii) the employer's first knowledge of the fatality or injury; or (iii) the employee's notification of the fatality or injury. (c) Each employer shall file a subsequent report with the division of any previously reported injury that later resulted in death. The subsequent report shall be filed with the division within seven days following: (i) the death; or (ii) the employer's first knowledge or notification of the death. (d) A report is not required for minor injuries, such as cuts or scratches that require first-aid treatment only, unless a treating physician files, or is required to file, the Physician's Initial Report of Work Injury or Occupational Disease with the division. (5) Each employer shall provide the employee with: (a) a copy of the report submitted to the division; and (b) a statement, as prepared by the division, of the employee's rights and responsibilities related to the industrial injury. (6) Each employer shall maintain a record in a manner prescribed by the division of all: (a) work-related fatalities; or (b) work-related injuries resulting in: (i) medical treatment; (ii) loss of consciousness; (iii) loss of work; (iv) restriction of work; or

(v) transfer to another job. (7) Any employer who refuses or neglects to make reports, to maintain records, or to file reports with the division as required by this section is guilty of a class C misdemeanor and subject to citation under Section 34A-6-302 and a civil assessment as provided under Section 34A-6-307, unless the division finds that the employer has shown good cause for submitting a report later than required by this section. (8) (a) Except as provided in Subsection (8)(c) all physicians, surgeons, and other health providers attending injured employees shall: (i) comply with all the rules, including the schedule of fees, for their services as adopted by the commission; and (ii) make reports to the division at any and all times as required as to the condition and treatment of an injured employee or as to any other matter concerning industrial cases they are treating. (b) A physician, as defined in Subsection 34A-2-111(2), who is associated with, employed by, or bills through a hospital is subject to Subsection (8)(a). (c) A hospital is not subject to the requirements of Subsection (8)(a). (d) The commission's schedule of fees may reasonably differentiate remuneration to be paid to providers of health services based on: (i) the severity of the employee's condition; (ii) the nature of the treatment necessary; and (iii) the facilities or equipment specially required to deliver that treatment. (e) Subsection (8) does not modify contracts with providers of health services relating to the pricing of goods and services existing on May 1, 1995. (f) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, a physician, surgeon, or other health provider may file with the Division of Adjudication an application for hearing to appeal a decision or final order to the extent it concerns the fees charged by the physician, surgeon, or other health provider in accordance with this section. (9) A copy of the physician's initial report shall be furnished to: (a) the division; (b) the employee; and (c) the employer or its insurance carrier. (10) Any physician, surgeon, or other health provider, excluding any hospital, who refuses or neglects to make any report or comply with this section is guilty of a class C misdemeanor for each offense, unless the division finds that there is good cause for submitting a late report. (11) (a) Subject to appellate review under Section 34A-1-303, the commission has exclusive jurisdiction to hear and determine whether the treatment or services rendered to employees by physicians, surgeons, or other health providers are: (i) reasonably related to industrial injuries or occupational diseases; and (ii) compensable pursuant to this chapter or Chapter 3, Utah Occupational Disease Act. (b) Except as provided in Subsection (11)(a), Subsection 34A-2-211(7), or Section 34A-2-212, a person may not maintain a cause of action in any forum within this state other than the commission for collection or payment of a physician's, surgeon's, or other health provider's billing for treatment or services that are compensable under this chapter or Chapter 3, Utah Occupational Disease Act.

Amended by Chapter 205, 1997 General Session