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13A-6-113
Section 13A-6-113 No liability for employer. No employer shall be held liable under this article
for the action of an employee or agent unless the conduct of the employee or agent is within
the scope of his or her employment or agency and the employer having knowledge of the conduct,
authorizes or ratifies the conduct or recklessly disregards the conduct. (Acts 1997, No. 97-486,
p. 844, §4.)...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
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31-13-3
Section 31-13-3 Definitions. For the purposes of this chapter, the following words shall have
the following meanings: (1) ALIEN. Any person who is not a citizen or national of the United
States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto. (2) BUSINESS
ENTITY. Any person or group of persons employing one or more persons performing or engaging
in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood,
whether for profit or not for profit. Business entity shall include, but not be limited to,
the following: a. Self-employed individuals, business entities filing articles of incorporation,
partnerships, limited partnerships, limited liability companies, foreign corporations, foreign
limited partnerships, foreign limited liability companies authorized to transact business
in this state, business trusts, and any business entity that registers with the Secretary
of State. b. Any business entity that possesses a business...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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6-11-27
Section 6-11-27 Principal, master, etc., not liable for punitive damages for conduct of agent,
servant, etc.; exceptions. (a) A principal, employer, or other master shall not be liable
for punitive damages for intentional wrongful conduct or conduct involving malice based upon
acts or omissions of an agent, employee, or servant of said principal, employer, or master
unless the principal, employer, or master either: (i) knew or should have known of the unfitness
of the agent, employee, or servant, and employed him or continued to employ him, or used his
services without proper instruction with a disregard of the rights or safety of others; or
(ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the
acts of the agent, servant, or employee were calculated to or did benefit the principal, employer,
or other master, except where the plaintiff knowingly participated with the agent, servant,
or employee to commit fraud or wrongful conduct with full knowledge...
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16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action for damages
solely for failure to conduct a criminal history background information check on an educational
employee pursuant to this chapter if such failure is due to reasonable time constraints of
background check backlogs, nor shall the state or political subdivision thereof, nor any agency,
officer, or employee thereof, be liable in any action for damages for the failure of a qualified
entity to take action adverse to an individual who was the subject of a criminal history background
information check. Neither the State Superintendent of Education, the State Department of
Education, nor any agent thereof shall be liable in civil court in an action for damages arising
out of any suitability determination. Nothing herein shall be construed as a waiver of any
sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)...
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25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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25-5-14
Section 25-5-14 Legislative findings and intent as to actions filed by injured employee against
officers, etc., of same employer. The Legislature finds that actions filed on behalf of injured
employees against officers, directors, agents, servants, or employees of the same employer
seeking to recover damages in excess of amounts received or receivable from the employer under
the workers' compensation statutes of this state and predicated upon claimed negligent or
wanton conduct resulting in injuries arising out of and in the course of employment are contrary
to the intent of the Legislature in adopting a comprehensive workers' compensation scheme
and are producing a debilitating and adverse effect upon efforts to retain existing, and to
attract new industry to this state. Specifically, the existence of such causes of action places
this state at a serious disadvantage in comparison to the existing laws of other states with
whom this state competes in seeking to attract and retain...
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