34A-2-212. Docketing awards in district court -- Enforcing judgment.

360 words·~2 min read·/ut/title-34a/chapter-2/34a-2-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/9/2017

(a)Except as provided in Subsection

(3), an abstract of a final order of the commission providing an award may be filed under this chapter or Chapter 3, Utah Occupational Disease Act , in the office of the clerk of the district court of any county in the state when all administrative and appellate remedies are exhausted.

(b)The abstract shall be docketed in the judgment docket of the district court where the abstract is filed. The time of the receipt of the abstract shall be noted on the abstract by the clerk of the district court and entered in the docket.

(c)When filed and docketed under Subsections (1)(a) and

(b), the order shall constitute a lien from the time of the docketing upon the real property of the employer situated in the county, for a period of eight years from the date of the order unless the award provided in the final order is satisfied during the eight-year period.

(d)The district court may issue an execution or a renewal on the order within the same time and in the same manner and with the same effect as if the order were a judgment issued by the district court.

(a)If the employer was uninsured at the time of the injury, the county attorney for the county in which the applicant or the employer resides, depending on the district in which the final order is docketed, shall enforce the judgment when requested by the commission or division on behalf of the commission.

(b)In an action to enforce an order docketed under Subsection

(1), reasonable attorney fees and court costs shall be allowed in addition to the award.

(3)Unless stayed pursuant to Section 63G-4-405 , or set aside by the court of appeals, a preliminary or final decision of the commissioner or Appeals Board awarding permanent total disability compensation under Section 34A-2-413 is enforceable by abstract filed in the office of the clerk of the district court of any county in the state.

Amended by Chapter 461 , 2017 General Session