78B-4-603. Applicability.
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/ut/title-78b/chapter-4/78b-4-603·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
78B-4-603. Applicability.
(1)The limitations in Section 78B-4-604 apply to a successor.
(2)The limitations in Section 78B-4-604 do not apply to:
(a)workers' compensation benefits paid by or on behalf of an employer to an employee under Title 34A, Chapter 2, Workers' Compensation Act , and Title 34A, Chapter 3, Utah Occupational Disease Act , or a comparable workers' compensation law of another jurisdiction;
(b)a claim against a corporation that does not constitute a successor asbestos-related liability;
(c)an obligation under the National Labor Relations Act, 29 U.S.C. Sec. 151, et seq., as amended, or under a collective bargaining agreement; or
(d)a successor that, after a merger or consolidation, continued in the business of:
(i)mining asbestos;
(ii)selling or distributing asbestos fibers; or
(iii)manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Enacted by Chapter 237 , 2012 General Session