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House passes PIP amendment adding 'permanent impairment' with objective-findings limit

Utah House of Representatives · January 25, 1994

Summary

The Utah House approved an amendment to personal-injury protection law adding 'permanent impairment' alongside 'permanent disability' as a PIP threshold, and accepted Representative Stevens' amendment requiring those impairments be 'based upon objective findings.' The bill passed unanimously and was sent to the Senate.

Representative Valentine, sponsor of House Bill 15, told the House that the bill would align the personal-injury protection (PIP) statute with medical practice by adding "permanent impairment" alongside the existing threshold of "permanent disability." He said the statutory gap created a situation where retired people or non-working adults could have impairments recognized medically but not qualify under the legal definition of disability.

Representative Stevens proposed an amendment to narrow the impairment threshold by adding the phrase "based upon objective findings," arguing the state’s no-fault framework rests on predictable, objective criteria that limit discretionary claims. "It has to be an objective finding found by a physician," Stevens said, calling the change a friendly clarification intended to make the statutory test less discretionary.

Supporters debated the effect of the Stevens amendment: sponsors said it would focus the impairment test on medically demonstrable conditions such as torn ligaments or loss of range of motion, while critics noted it narrowed the range of subjective-pain-based claims. Representative Valentine cited the Utah Supreme Court decision in Jones v. Transamerica Insurance Co. (1979), noting the court distinguished legal "disability" from medical "impairment" and that the bill reconciles that tension.

The House voted on the Stevens amendment (voice vote) and adopted it. Voting on House Bill 15 as amended resulted in a recorded tally of 73 affirmative and 0 negative votes; the bill was passed by the House and referred to the Senate for further consideration.

The next procedural step is Senate consideration; sponsors indicated they would be available to answer follow-up questions there.

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