DAR File No. 27253

Workforce Services, Workforce Information and Payment Services

R994-404-101

Payments Following Workers' Compensation

NOTICE OF PROPOSED RULE

DAR File No.: 27253
Filed: 06/29/2004, 04:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change brings the rule into compliance with state statute.

Summary of the rule or change:

Subsection 35A-4-404(1) states that a claimant who has been on workers' compensation for a "continuous period" can use an alternative base period when subsequently claiming for unemployment. In an amendment to this rule effective 04/04/2004, the Department intended to define "continuous period" and made other changes to the rule at the same time. It was later discovered that the other changes deprived claimants of this alternative base period provided in the statute. This change is made to correct the filing that was effective 04/04/2004, and bring it into compliance with the statute. (DAR NOTE: The previous filing on Rule R994-404 was a repeal and reenact and is found under DAR No. 26930, and was published in the February 15, 2004, Bulletin.)

State statutory or constitutional authorization for this rule:

Section 35A-4-404

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the State budget because this is a federally-funded program. This rule change is only being made to bring the rule back into compliance with the statute after a mistake made in a change to this same rule which became effective 04/04/2004.

local governments:

In addition to the reasons stated above in relation to the State budget, there will be no costs or savings to local government as this is a federally-funded, state-wide program that does not affect local government.

other persons:

There will be no cost or savings to any person for the reasons stated above in relation to the State budget.

Compliance costs for affected persons:

There will be no compliance costs to any person for the reasons stated above in relation to the State budget.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change will have no fiscal impact on any business in Utah as it merely codifies the provisions of the statute.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/16/2004

This rule may become effective on:

08/17/2004

Authorized by:

Raylene G. Ireland, Executive Director

RULE TEXT

R994. Workforce Services, Workforce Information and Payment Services.

R994-404. Payments Following Workers' Compensation.

R994-404-101. Claimants Who Qualify for an Adjustment to the Base Period.

(1) A claimant who [does not have sufficient qualifying wages in the base period because he or she ]was off work due to a work related illness or injury may qualify for an adjusted base period if all of the following elements are satisfied:

(a) the claimant must have been off work for at least seven weeks during the normal base period due to a work related illness or injury. The weeks need not be consecutive;

(b) the claimant must have received temporary total disability (TTD) compensation for the illness or injury under the workers' compensation or occupational disease laws of this state or under federal law;

(c) the initial claim for unemployment insurance benefits must have been filed no later than 90 calendar days after the claimant was released by his or her health care provider to return to full-time work. This does not include release to limited or light duty work. The effective date of the eligible claim must be within the 90 days regardless of the date on which the claimant contacts the Department to file a claim. For example, if the 90th day falls on Wednesday and the claimant files a claim on Thursday, the effective date of the claim would be Sunday of that calendar week and would fall within the 90 day time limitation;

(d) the initial claim for unemployment insurance benefits must have been filed within 36 months of the week the covered injury or illness occurred.

(2) Wages previously used to establish a benefit year cannot be re-used.

KEY: unemployment compensation, workers' compensation

2004

Notice of Continuation May 23, 2002

35A-4-404

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.