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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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25-5-117
Section 25-5-117 Limitation period for claims or actions for compensation. (a) In case of the
contraction of an occupational disease, as defined in this article, or of injury or
disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1, shall
be forever barred, unless within two years after the date of the injury, as hereinafter
defined, the parties shall have agreed upon the compensation payable under this article, or
unless within two years after the date of the injury, one of the parties shall have
filed a verified complaint as provided in Section 25-5-88. In case of death, the claim shall
be forever barred, unless within two years after death, if death results proximately from
the occupational disease, as defined in this article, and death occurs within three years
of the date of the injury, as hereinafter defined, the parties have agreed upon the
compensation under this article, or unless within two years after death, one of the parties
shall have...
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25-5-113
Section 25-5-113 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 the contraction of an occupational disease, as defined in this
article, or for injury, disability, loss of service, or death resulting from such disease,
arising out of and in the course of employment, or determination thereof, in any manner other
than as provided in this article. (Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750,
ยง39.)...
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25-5-114
Section 25-5-114 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 the contraction of an occupational disease, as defined in this
article, and on account of any injury, disability, loss of service, or death resulting
from an occupational disease, as defined in this article. 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 contraction of an occupational
disease, as defined in this article, or for injury, disability, loss of service, or
death of any employee due to an occupational disease while engaged in the service or business...
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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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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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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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25-5-115
Section 25-5-115 False written representation to employer as to previous compensation for occupational
disease. If an employee, at the time of or in the course of entering into the employment of
the employer by whom the compensation would otherwise be paid, wilfully and falsely represented
himself in writing to such employer as not having previously been compensated in damages,
or under this article, because of occupational disease, as defined in this article, such employee,
his personal representative, parents, surviving spouse, dependents, and next of kin
shall be barred from compensation or other benefits provided by this article or from recovery
at common law by statute, contract, or otherwise on account of occupational disease as defined
in this article, resulting from exposure to the hazards of such disease subsequent to such
representation and while in the employ of such employer. (Acts 1971, No. 668, p. 1379.)...
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25-5-110
Section 25-5-110 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL DISEASE. A disease
arising out of and in the course of employment, including occupational pneumoconiosis and
occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of
this section, which is due to hazards in excess of those ordinarily incident to employment
in general and is peculiar to the occupation in which the employee is engaged but without
regard to negligence or fault, if any, of the employer. A disease, including, but not limited
to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by
a hazard recognized as peculiar to a particular trade, process, occupation, or employment
as a direct result of exposure, over a period of time, to the normal working conditions of
the trade, process, occupation, or employment. (2) OCCUPATIONAL PNEUMOCONIOSIS....
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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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