State Codes and Statutes
Statutes > Utah > Title-34a > Chapter-02 > 34a-2-40234A-2-402. Mental stress claims.
(1) Physical, mental, or emotional injuries related to mental stress arising out of and inthe course of employment shall be compensable under this chapter only when there is a sufficientlegal and medical causal connection between the employee's injury and employment.
(2) (a) Legal causation requires proof of extraordinary mental stress from a suddenstimulus arising predominantly and directly from employment.
(b) The extraordinary and sudden nature of the alleged mental stress is judged accordingto an objective standard in comparison with contemporary national employment andnonemployment life.
(3) Medical causation requires proof that the physical, mental, or emotional injury wasmedically caused by the mental stress that is the legal cause of the physical, mental, or emotionalinjury.
(4) Good faith employer personnel actions including disciplinary actions, workevaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may notform the basis of compensable mental stress claims under this chapter.
(5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable atlaw may not form the basis of compensable mental stress claims under this chapter.
(6) An employee who alleges a compensable industrial accident involving mental stressbears the burden of proof to establish legal and medical causation by a preponderance of theevidence.
Renumbered and Amended by Chapter 375, 1997 General Session
