15-23-14
Section 15-23-14 Award of compensation subrogates commission to rights of claimant as to collateral
source; funds recovered from collateral source held in trust for commission; disposition of
trust funds; notice of action to recover damages; restitution hearings. (a) If compensation
is awarded, the commission shall be subrogated to all the rights of a claimant to receive
or recover from a collateral source to the extent that compensation was awarded. (b) In the
event the claimant recovers compensation, other than under the provisions of this article,
for injuries or death resulting from criminally injurious conduct, the claimant shall retain,
as trustee for the commission, so much of the recovered funds as necessary to reimburse the
Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the
claimant from that fund. The funds retained in trust shall be promptly paid over to the commission
and deposited in the Alabama Crime Victims Compensation Fund....
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15-23-12
Section 15-23-12 When compensation not awarded, diminished, etc.; reconsideration of award.
(a) Compensation shall not be awarded in any of the following circumstances: (1) A claim has
been filed with the commission later than one year after the injury or death upon which
the claim is based, unless the commission finds there was good cause for the failure to file
within that time. (2) To a claimant who was the offender, or an accomplice of the offender,
or who encouraged or in any way participated in the criminally injurious conduct. (3) If the
award would unjustly benefit the offender or accomplice of the offender. (4) The criminally
injurious conduct resulting in injury or death was reported to a law enforcement officer
later than 72 hours after its occurrence, unless the commission finds there was good cause
for the failure to report within that time. (b) Compensation otherwise payable to a claimant
may be diminished or denied to the extent that the economic loss is recouped from...
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15-23-15
Section 15-23-15 Amount and method of compensation; future economic loss generally; exemption
from state and local taxes, etc. (a) Compensation for work loss, replacement services loss,
dependent's economic loss, and dependent's replacement services loss may not exceed six hundred
dollars ($600) per week. (b) Compensation payable to a victim and to all other claimants sustaining
economic loss because of injury to or death of that victim may not exceed twenty thousand
dollars ($20,000) in the aggregate. (c) The commission may provide for the payment to a claimant
in a lump sum or in installments. At the request of the claimant, the commission may convert
future economic loss, other than allowable expense, to a lump sum, but only upon a finding
by the commission that the award in a lump sum will promote the interests of the claimant.
(d) An award payable in installments for future economic loss may be made only for a period
as to which the commission can reasonably determine future...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
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31-9-8
Section 31-9-8 Emergency powers of Governor. (a) The provisions of this section shall be operative
only during the existence of a state of emergency, referred to hereinafter as one of the states
of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed
by the Governor as provided in this subsection or by joint resolution of the Legislature if
the Governor in the proclamation or the Legislature in the resolution finds that an attack
upon the United States has occurred or is anticipated in the immediate future, or that a natural
disaster of major proportions or a public health emergency has occurred or is reasonably anticipated
in the immediate future within this state and that the safety and welfare of the inhabitants
of this state require an invocation of the provisions of this section. If the state of emergency
affects less than the entire state, the Governor or the Legislature shall designate in the
proclamation or resolution those counties to...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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41-15B-2
Section 41-15B-2 Children First Trust Fund. (a) There is established a special fund in the
State Treasury to be known as the Children First Trust Fund. (b) The existence of the fund
is contingent upon the receipt by the state of tobacco revenues. (c) The fund shall consist
of tobacco revenues and any appropriations or revenues received from any other source. The
amounts provided for in Section 41-15B-2.1 shall be deposited into the fund from tobacco revenues
with the remainder of the tobacco revenues being distributed as provided in Division 1, Article
17, Chapter 10 of this title. (d) The council shall keep detailed permanent records of all
expenditures and distributions from the fund and shall file a monthly written report of all
transactions, and any other information requested, with the permanent Joint Legislative Oversight
Committee of the Children First Trust Fund. (e) The council shall prepare an annual report
to the Governor and the Legislature detailing the expenditures and...
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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering under
this chapter shall be deemed to have assigned his or her rights under the policy to the association
to the extent of his or her recovery from the association. Every insured or claimant seeking
the protection of this chapter shall cooperate with the association to the same extent as
such person would have been required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent insurer for any sums it
has paid out except for those causes of action the insolvent insurer would have had if such
sums had been paid by the insolvent insurer and except as provided in subsections (d), (e),
(f), (g), and (h) below. In the case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the association may not operate to reduce the liability of
insureds to the receiver, liquidator, or statutory successor for...
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41-9-62
of board generally; employees of municipalities, counties, etc., not within jurisdiction of
board, etc. (a) The Board of Adjustment shall have the power and jurisdiction and it shall
be its duty to hear and consider: (1) All claims for damages to the person or property growing
out of any injury done to either the person or property by the State of Alabama or
any of its agencies, commissions, boards, institutions or departments, with the exception
of claims by employees of the state for personal injury or death arising out
of the course of employment with the State of Alabama, where such employees are covered by
an employee injury compensation program; (2) All claims for personal injuries
to or the death of any convict, and all claims for personal injuries to or the death
of any employee of a city or county board of education, or college or university, arising
out of the course of the employee's employment and where the employee is not covered by a
worker's compensation...
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