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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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25-5-120
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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25-5-191
Section 25-5-191 Right to compensation for injury or death. Where the employer and employee
are subject to the provisions of this chapter, the disablement or death of an employee caused
by occupational exposure to radiation, as defined in this article, 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 under this article for compensation by reason of exposure to radiation or for disability
or death resulting therefrom unless such exposure 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 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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25-5-197
Section 25-5-197 Limitation period for claims or actions for compensation. In case of occupational
exposure to radiation, as defined in this article, or of injury or disability resulting
therefrom, all claims for compensation shall be forever barred, unless within one year after
the employee first suffered disability therefrom and either knew or in the exercise of reasonable
diligence should have known that the disability was caused therefrom, but in no event more
than three years after date of the injury as hereinafter defined, the parties shall
have agreed upon the compensation payable under this article, or unless within such period
of time one of the parties shall have filed a verified complaint as provided in Section 25-5-88.
In case of death, all claims for compensation shall be forever barred, unless the death results
proximately from occupational exposure to radiation, as defined in this article, and occurs
within three years of the date of the injury, as hereinafter defined,...
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25-5-199
and benefits payable under article. The compensation payable for death or disability caused
by occupational exposure to radiation 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 exposure 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 25-5-197, 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 occupational exposure to radiation.
(Acts 1967, No. 521, p. 1245; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §15.)...
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25-5-193
Section 25-5-193 Manner of compensation, etc., provided by article exclusive. No employee of
any employer subject to this article, nor the personal representative, surviving spouse,
or next of kin of any such employee shall have any right to any other method, form, or amount
of compensation or damages for occupational exposure to radiation, or for injury, disability,
loss of service, or death resulting from such exposure, arising out of and in the course of
employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §34.)...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative,
parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract,
or otherwise on account of occupational exposure to radiation and on account of any injury,
disability, loss of service, or death resulting from occupational exposure to radiation. Except
as provided in this article, no employer included within the terms of this chapter and no
officer, director, agent, servant, or employee of such employer shall be held civilly liable
for the occupational exposure to radiation or for injury, disability, loss of service,
or death of any employee due to occupational exposure to radiation while engaged in the service
or business of the employer, the cause of which occupational exposure to radiation...
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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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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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