Latest News 2009 April Utah Supreme Court Finds Workers' Comp Law Unconstitutional

Utah Supreme Court Finds Workers' Comp Law Unconstitutional

A state law limiting the amount of workers' compensation payments for people over the age of 65 (who also collect Social Security retirement benefits) was struck down by the Utah Supreme Court, which declared the bill unconstitutional.

The law states that after a person has received 6 years of workers' compensation payments, the compensation is then reduced by 50 percent of the amount of Social Security benefits the person is receiving.

The high court ruled this law unconstitutional, saying it unfairly discriminates against older people by singling out and reducing workers' compensation benefits for people over the age of 65 who have not only been injured, but who also qualify for Social Security benefits.

The issue was brought to attention in the case of a man who was injured in 1998, and then again in 2001. The man, who was forced to completely stop working due to his injuries, was receiving $1,100 a month in Social Security  disability benefits.  However, when he turned 65, his benefits were converted to Social Security retirement benefits. As a result, he ended up getting $2,250 a month in workers' compensation benefits and Social Security benefits combined, instead of the $2,800 he had been receiving.

The man had challenged the constitutionality of the law with the Utah Labor Commission, which declined to review his case.  After the Utah Court of Appeals upheld the commission's ruling, the case was brought to the Utah Supreme Court, which overturned the appeals court's decision.

For more information about workers' compensation laws, please click here to find a personal injury attorney near you!

Categories: Workers' Compensation

Archives