THE LABOR COMMISSION
WORKERS' COMPENSATION ADVISORY COUNCIL
Wednesday January 15, 2025, 12:00 PM- 1:00 PM
Utah Labor Commission, 160 East 300 South Room 319
Salt Lake City, Utah
Zoom Call-in Meeting.
The following Advisory Council Members were in attendance:
Dave Davis, President Utah Retail Merchants Association
Tim Rose, Esq. (For Dawn Atkin)
Brian Kelm, Esq.
Ryan Andrus, WCF Mutual Insurance Company
Brandon Dew, Operating Engineers Local Union #3
Jeff Rowley, Utah Local Government's Trust
Todd Bingham, President, Utah Manufacturers Association
Zackery Hatch, West Valley City Firefighter (Retired)
Eric Vanderhooft, M.D.
Rikki Hrenko-Browning, Utah Petroleum Association
Joey Gilbert, Associated General Contractors of Utah
Brandt Goble, Painters and Tapers Local 77
Paula Stauffer, Utah Business Insurance (For Ron Nielsen)
The following Advisory Council members were excused:
Dawn Atkin, Esq.
Todd Bingham, President, Utah Manufacturers Association
Eric Vanderhooft, M.D.
Ron Nielsen, Utah Business Insurance
Others Present:
Chris Hill, Deputy Commissioner, Labor Commission
Ron Dressler, Industrial Accidents Division Director, Labor Commission
Douglas Shepherd, Medical Director, Labor Commission
Eric Olsen, Public Information Officer, Labor Commission
Felicia New, Industrial Accidents Division, Labor Commission
Todd Johnson, NCCI
M. Alex Natt, Adjudication Division Director, Labor Commission
Rep. Jim Dunnigan
Jack Tidrow, President Firefighters of Utah
Paula Stauffer, Utah Business Insurance
Tyler Whitacre, Quality and Process Improvement, Utah Labor Commission
Emily Davis for Rep. Casey Snider
Sen. Scott Sandall
WELCOME:
Deputy Commissioner Hill called the meeting to order at 12:02 p.m.
Miscellaneous Business:
Deputy Commissioner Hill asked if everyone had received the minutes from the November 13, 2024, meeting and ask if there were any changes needed. He called for a motion to approve the previous minutes.
Jeff Rowley and Zachary Hatch made a motion to approve the minutes.
Brian Kelm seconded the motion.
The meeting minutes from November 13, 2024, were approved.
Workplace Safety Grants Update:
Eric Olsen gave a brief update on the Workplace Safety Grants. Eric stated the application period has ended and about 30 applications were approved from 20 different entities, totaling just over $575,000 worth of grant funds approved. All contracts have been carried out, and copies have been sent out to all organizations that were successful with their application.
Legislative and Rule-Making Matters:
Deputy Commissioner Hill asked Brian Kelm if there was an update on R612-300-2 (H). Bryan stated that during the subgroup discussion between him, Dawn Atkin, Ryan Andrus and Michele Halstenrud, the group agreed that a copy of the final medical examination report will be provided to the Commission, the injured worker if unrepresented, or their counsel if they are represented directly. If the report is of a sensitive nature and the medical examiner states that if it should not be provided directly to the injured worker, then it must be provided to the Commission, their counsel or a medical provider designated by the injured worker.
Judge M. Alex Natt commented and encouraged everyone to dispose of the term independent medical report and rather use the term respondents' medical examination or petitioners' medical examination per the Court of Appeals.
Dave Davis made a motion to endorse and support this rule change.
Brandon Dew seconded the motion.
The voting was unanimous in the affirmative.
Deputy Commissioner Hill stated the Commission will start the process of amending the rule.
Jack Tidrow gave an update on SB65 Firefighter Cancer Amendments. Rep. Snider stated that based on legislation passed two years ago and work being done over the interim, the core of the bill is acknowledging the science that exists as it comes to cancers caused through active participation in fire suppression and making sure individuals' mid-career, beginning of career, or post-retirement are covered. Rep. Snider stated the bill will require cancer pre-screening as a condition of employment, then in a 3 to 5 year rolling interval the employed individual will receive another cancer screening. Rep. Snider stated this is meant to catch the illness early and keep costs and mortality rates down.
Brandon Dew made a motion of favorable recommendation for the bill. Zachary Hatch stated his support for the motion.
Dave Davis seconded the motion.
The voting was unanimous in the affirmative.
Deputy Commissioner Hill gave a brief update on the draft bill HB111 Workers' Compensation Amendments and asked for any comments. Ryan Adrus stated WCF worked with Rep. Loubet's last year. Ryan stated they are in support of the bill. Dave Davis stated he does not have any concerns. Deputy Commissioner Hill stated the Commission also does not have any concerns or comments.
Deputy Commissioner Hill stated a draft of the Hospital Fee Schedule legislation was sent to the committee prior to the meeting. Sen. Sandall stated he is looking for feedback on the legislation at this time. Ryan Andrus commented that the language of the draft is similar to the original language and substantively the same. Ryan stated the changes were stylistic. Dave Davis agreed the language in the draft mirrors the original draft previously presented to the council. Sen. Sandall gave his permission to share the draft. Deputy Commissioner Hill asked if there were any questions or comments. Jeff Rowley stated he is in support of the bill. Sen. Sandall stated he has not received any communication from Dave Gessel or the Hospital Association concerning the draft at this time. Sen. Sandall stated that all concerns will be addressed during the legislative session when the issues are identified. Discussion was held by the council as to when the council should vote, the council agreed there has been ample time and many opportunities and discussions held and would prefer to proceed with voting during the meeting instead of holding an email vote.
Joey Gilbert made a motion to vote on the bill during the meeting.
Jeff Rowley seconded the motion.
The voting was unanimous in the affirmative.
Other Business:
Deputy Commissioner Hill stated the last order of business was a discussion of the proposed 2025 Advisory Council meeting dates. For the foreseeable future, the meetings will be held virtually.
2025 WC Advisory Council meeting dates.
- April 9, 2025 (Wednesday) at 12:00 p.m.
- September 17, 2025 (Wednesday) at 12:00 p.m.
- November 12, 2025 (Wednesday) at 12:00 p.m.
Dave Davis made the motion to adjourn the meeting.
Brandon Dew seconded the motion.
The voting was unanimous in the affirmative.
The meeting was adjourned at 12:52 p.m.
Notice of Special Accommodations (ADA)
NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Sara Danielson at 801-530-6953.