(1) A first responder who refuses examination for COVID-19 or fails to be diagnosed with COVID-19 is not entitled to the presumption established under this part.

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Terms Used In Utah Code 34A-3-204

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • First responder: means :
              (1)(b)(i) a first responder as defined in Section 34A-2-102;
              (1)(b)(ii) an individual employed by:
                   (1)(b)(ii)(A) a health care facility as defined in Section 26B-2-201;
                   (1)(b)(ii)(B) an office of a physician, chiropractor, or dentist;
                   (1)(b)(ii)(C) a nursing home;
                   (1)(b)(ii)(D) a retirement facility;
                   (1)(b)(ii)(E) a home health care provider;
                   (1)(b)(ii)(F) a pharmacy;
                   (1)(b)(ii)(G) a facility that performs laboratory or medical testing on human specimens; or
                   (1)(b)(ii)(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
              (1)(b)(iii) an individual employed by, working with, or working at the direction of a local health department; or
              (1)(b)(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201
(2) The presumption established under this part may be rebutted by a preponderance of the evidence.