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25-5-120
Section 25-5-120 Presumptions and burden of proof as to right to compensation. There shall
not be a presumption that disablement or death from any cause or infirmity is the result of
an occupational disease, nor that an occupational disease will result in disablement or death,
and any person claiming compensation or other benefits under this article shall have the burden
of establishing that he or she is entitled to the benefits. (Acts 1971, No. 668, p. 1379;
Acts 1992, No. 92-537, p. 1082, §35.)...
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25-5-200
Section 25-5-200 Presumptions and burden of proof as to right to compensation. There shall
be no presumption that disablement or death from any cause or infirmity is the result of occupational
exposure to radiation, nor that occupational exposure to radiation will result in disablement
or death, and any person claiming compensation or other benefits under this article shall
have the burden of establishing that he is entitled to such. (Acts 1967, No. 521, p. 1245.)...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total
disability, the compensation shall be 66 2/3 percent of the average weekly earnings received
at the time of injury, subject to a maximum and minimum weekly compensation as stated
in Section 25-5-68, but if at the time of injury the employee received average weekly
earnings of less than the minimum stated in Section 25-5-68, then he or she shall receive
the full amount of the average weekly earnings per week. This compensation shall be paid during
the time of the disability, but at the time as a temporary total disability shall become permanent,
compensation for the continued total disability shall be governed by (a)(4) of this section
with respect to permanent total disability. Payments are to be made at the intervals when
the earnings were payable, as nearly as may be, unless the parties otherwise agree....
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36-30-41
Section 36-30-41 Applicability; compensation for qualified firefighters; burden of proof. (a)
This article shall apply to firefighters who, upon entering the service of the state as firefighters,
have successfully passed a physical examination which failed to reveal any evidence of a firefighter's
occupational disease and who have completed at least three years' service as firefighters.
If a physical examination was not required at the time of entry into service, a firefighter
who completes an exam by January 1, 2013, shall be deemed eligible for benefits under this
section. (b) If a firefighter who qualifies for benefits under Chapter 29A, or any other law,
suffers disability as a result of a firefighter's occupational disease, his or her disability
shall be compensable the same as any service-connected disability under any law which provides
benefits for firefighters of the state injured in the line of duty. If a firefighter who qualifies
for benefits under this section dies as the...
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36-30-21
Section 36-30-21 Authorized. (a) If a law enforcement officer who qualifies for benefits under
the provisions of this article suffers disability as a result of a law enforcement officer's
occupational disease, his or her disability shall be compensable the same as any service-connected
disability under any law which provides benefits for the law enforcement officer or, if a
state law enforcement officer, under the state Employees' Retirement System, the same as if
injured in the line of duty. If a law enforcement officer who qualifies for benefits under
the provisions of this article dies as a result of a law enforcement officer's occupational
disease, his or her death shall be compensable to the same extent as the death of a law enforcement
officer killed in the line of duty; provided, that this article shall not apply to any municipality
which has elected to be covered by the workers' compensation laws of this state. (b) In order
to qualify for benefits under the provisions of this...
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11-43-144
Section 11-43-144 Compensation for death or disability of firefighters from occupational diseases.
(a) As used in this section the following words and terms shall have the meanings ascribed
to them herein unless a contrary meaning is indicated by the context: (1) CITY. Any municipality
of the state, regardless of its population. (2) FIREFIGHTER. A person employed as a firefighter
by a city. (3) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition or impairment of health caused
by any of the following: a. Hypertension. b. Heart disease. c. Respiratory disease. d. Cancer
which manifests itself in a firefighter during the period in which the firefighter is in the
service of the city, provided the firefighter demonstrates that he or she was exposed, while
in the employ of the city, to a known carcinogen which is reasonably linked to the disabling
cancer, and the cancer shall be presumed to arise out of and in the course of the firefighter's
employment unless the city demonstrates by a...
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25-5-68
for permanent partial and temporary total disability in connection with a disability scheduled
in subdivisions (1) and (3) of subsection (a) of Section 25-5-57 or except as provided in
subsection (f), shall the total amount of compensation payable for an accident or an occupational
disease exceed the product of 500 times the maximum weekly benefit applicable on the date
of the accident. (e) The minimum and maximum benefits that are in effect on the date of the
accident which results in injury or death shall be applicable for the full period during
which compensation is payable. (f) Notwithstanding any other provision of this article, the
compensation benefits payable to a surviving dependent child of a law enforcement officer
or firefighter who dies on or after January 1, 2018, as a result of injuries received while
engaged in the performance of his or her duties shall not discontinue at least until the dependent
child reaches the age of 18 years. (Acts 1919, No. 245, p. 206;...
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15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include, but
are not limited to the following meanings unless the context clearly requires a different
meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section
15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the
following acts: a. An act occurring or attempted within the geographical boundaries of this
state which results in serious personal injury or death to a victim for which
punishment by fine, imprisonment, or death may be imposed. b. An act occurring or attempted
outside the geographical boundaries of this state in another state of the United States of
America which is punishable by fine, imprisonment, or death and which results in personal
injury or death to a citizen of this state, and shall include an act of terrorism,
as defined in Section 2331 of Title 18, United States Code, committed outside of the United
States,...
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25-5-111
Section 25-5-111 Right to compensation for death or disablement. Where the employer and employee
are subject to this chapter, the disablement or death of an employee caused by the contraction
of an occupational disease, as defined in Section 25-5-110, shall be treated as an injury
by accident, and the employee or, in case of his death, his dependents shall be entitled to
compensation as provided in this article. In no case, however, shall an employer be liable
for compensation by reason of the contraction of an occupational disease, as defined in Section
25-5-110, or for disability or death resulting therefrom unless such disease arose out of
and in the course of the employment and resulted from the nature of the employment in which
the employee was engaged. (Acts 1971, No. 668, p. 1379.)...
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25-5-119
benefits payable under article. The compensation payable for death or disability caused by
an occupational disease, as defined in this article, shall be computed in the same manner
and in the same amounts as provided in Article 3 of this chapter for computing compensation
for disability or death resulting from an accident arising out of and in the course of the
employment and the medical, surgical, hospital, and burial benefits payable under this article
caused by said disease shall be computed in the same manner and in the same amounts as provided
in Article 3 of this chapter for computing like benefits. The date of injury, as defined
in Section 25-5-117, shall be considered the date of the accident for determining the applicable
medical, surgical, and hospital benefits, the minimum and maximum weekly benefits and the
limitation on the total amount of compensation payable for such occupational disease. (Acts
1971, No. 668, p. 1379; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §18.)...
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