34A-3-112 - Employee's willful misconduct. - Utah Statutes

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Statutes > Utah > Title-34a > Chapter-03 > 34a-3-112

34A-3-112. Employee's willful misconduct.
(1) Notwithstanding anything contained in this chapter, an employee or dependent of anyemployee is not entitled to receive compensation for disability or death from an occupationaldisease when the disability or death, wholly or in part, was caused by the purposefulself-exposure of the employee.
(2) Except in cases resulting in death:
(a) Compensation provided for in this chapter shall be reduced 15% when theoccupational disease is caused by the willful failure of the employee:
(i) to use safety devices when provided by the employer; or
(ii) to obey any order or reasonable rule adopted by the employer for the safety of theemployee.
(b) Except when the employer permitted, encouraged, or had actual knowledge of theconduct described in Subsections (2)(b)(i) through (iii), disability compensation may not beawarded under this chapter to an employee when the major contributing cause of the employee'sdisease is the employee's:
(i) use of illegal substances;
(ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
(iii) intoxication from alcohol with a blood or breath alcohol concentration of .08 gramsor greater as shown by a chemical test.

Renumbered and Amended by Chapter 375, 1997 General Session

State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-03 > 34a-3-112

34A-3-112. Employee's willful misconduct.
(1) Notwithstanding anything contained in this chapter, an employee or dependent of anyemployee is not entitled to receive compensation for disability or death from an occupationaldisease when the disability or death, wholly or in part, was caused by the purposefulself-exposure of the employee.
(2) Except in cases resulting in death:
(a) Compensation provided for in this chapter shall be reduced 15% when theoccupational disease is caused by the willful failure of the employee:
(i) to use safety devices when provided by the employer; or
(ii) to obey any order or reasonable rule adopted by the employer for the safety of theemployee.
(b) Except when the employer permitted, encouraged, or had actual knowledge of theconduct described in Subsections (2)(b)(i) through (iii), disability compensation may not beawarded under this chapter to an employee when the major contributing cause of the employee'sdisease is the employee's:
(i) use of illegal substances;
(ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
(iii) intoxication from alcohol with a blood or breath alcohol concentration of .08 gramsor greater as shown by a chemical test.

Renumbered and Amended by Chapter 375, 1997 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-03 > 34a-3-112

34A-3-112. Employee's willful misconduct.
(1) Notwithstanding anything contained in this chapter, an employee or dependent of anyemployee is not entitled to receive compensation for disability or death from an occupationaldisease when the disability or death, wholly or in part, was caused by the purposefulself-exposure of the employee.
(2) Except in cases resulting in death:
(a) Compensation provided for in this chapter shall be reduced 15% when theoccupational disease is caused by the willful failure of the employee:
(i) to use safety devices when provided by the employer; or
(ii) to obey any order or reasonable rule adopted by the employer for the safety of theemployee.
(b) Except when the employer permitted, encouraged, or had actual knowledge of theconduct described in Subsections (2)(b)(i) through (iii), disability compensation may not beawarded under this chapter to an employee when the major contributing cause of the employee'sdisease is the employee's:
(i) use of illegal substances;
(ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
(iii) intoxication from alcohol with a blood or breath alcohol concentration of .08 gramsor greater as shown by a chemical test.

Renumbered and Amended by Chapter 375, 1997 General Session