25-5-52
Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive. Except as provided
in this chapter, no employee of any employer subject to this chapter, nor the personal
representative, surviving spouse, or next of kin of the employee shall have a right to any
other method, form, or amount of compensation or damages for an injury or death occasioned
by an accident or occupational disease proximately resulting from and while engaged in the
actual performance of the duties of his or her employment and from a cause originating in
such employment or determination thereof. (Acts 1919, No. 245, p. 206; Code 1923, §7545;
Code 1940, T. 26, §271; Acts 1973, No. 1062, p. 1750, §8; Acts 1992, No. 92-537, p. 1082,
§12.)...
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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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25-5-118
Section 25-5-118 Rights and remedies as to exposures to hazards of occupational disease occurring
prior to September 1, 1971. All exposures of the employee occurring prior to September 1,
1971, to the hazards of an occupational disease, as defined in this article, while in the
employ of the employer, shall be deemed for all purposes to be subject to the provisions of
this article, and the employee, his personal representative, parents, surviving spouse,
dependents, and next of kin shall be entitled to compensation or other benefits and barred
from other rights and remedies as provided in this article for exposures occurring after September
1, 1971. (Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750, §41.)...
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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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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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36-30-2
failure or refusal to use safety appliances provided by his or her employer or his or her willful
refusal or neglect to perform a statutory duty or any other willful violation of a law or
his or her willful breach of a reasonable rule or regulation governing the performance of
his or her duties or his or her employment of which rule or regulation he or she had knowledge.
Any peace officer, firefighter, volunteer firefighter, or rescue squad member whose death
results proximately from an injury received while performing his or her duties shall,
for the purposes of this article, be deemed to have been killed while in the performance of
such duties. If the State Health Officer determines from all available evidence that a volunteer
firefighter, who is a member of an organized volunteer fire department registered with the
Alabama Forestry Commission, has become totally disabled as a result of any injury
received while engaged in the performance of his or her fire-fighting duties and...
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45-37-123.01
RETIREMENT BENEFIT. A benefit payable pursuant to the terms of subsection (a) of Section 45-37-123.100.
(52) SYSTEM or PLAN. The General Retirement System for Employees of Jefferson County, which
system or plan may sue or be sued, and in such name all of its business shall be transacted.
(53) SPOUSE. The legal wife or husband of a member as determined in accordance with federal
law. (54) TOTAL DISABILITY. A permanent physical or mental condition of a member resulting
from bodily injury, disease, or mental disorder which renders such member incapable
of continuing usual and customary employment with the county. The disability of a member shall
be determined by a licensed medical advisor. (55) TRUSTEE. The pension board or the person
or entity appointed by the pension board and named as trustee herein or in any separate trust
forming a part of the plan, and any successors. (56) TRUST FUND. The tax-qualified trust in
which certain plan funds are held, disbursed, transferred,...
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25-5-116
Section 25-5-116 Which employer liable for compensation of employee; contribution. (a) If compensation
is payable for an occupational disease other than pneumoconiosis or radiation, the only employer
liable, if any, shall be the employer in whose employment the employee was last exposed to
the hazards of the disease. The employer who is liable shall not be entitled to contribution
from any other employer of the employee except one who furnished workers' compensation for
the employee during the employment of last exposure. (b) If compensation is payable for pneumoconiosis
or radiation, the only employer liable, if any, shall be the employer in whose employment
the employee was last exposed in each of at least 12 months, within a period of five years
prior to the date of the injury, to the hazards of the disease and, in addition, any
employer who furnished workers' compensation coverage during this period. (Acts 1971, No.
668, p. 1379; Acts 1992, No. 92-537, p. 1082, §33.)...
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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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25-5-119
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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