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25-5-62
Section 25-5-62 Total dependents - Designated; order of compensation. A wife, child, husband,
mother, father, grandmother, grandfather, sister, brother, mother-in-law or father-in-law
who was wholly supported by the deceased workman at the time of his death and for a reasonable
period of time immediately prior thereto shall be considered his total dependents, and payment
of compensation shall be made to such total dependents in the order named. (Acts 1919, No.
245, p. 206; Code 1923, §7553; Code 1940, T. 26, §281.)...
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31-3-1
National Guard, army or air, as defined in Section 31-2-3. (b) For the purposes of this chapter,
the following described persons shall be conclusively presumed to be wholly dependent: (1)
A wife, unless it be shown that she was voluntarily living apart from her husband at the time
of his death, or unless it be shown that the husband was not in any way contributing to her
support and had not in any way contributed to her support for more than 12 months next preceding
the occurrence of the injury causing his death. (2) Minor children under the age of
18 years and those over 18 if physically and mentally incapacitated from earning. (3) A wife,
child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law
who were wholly supported by the deceased Alabama national guardsman, at the time of his death
and for a reasonable period of time prior thereto, shall be considered his dependents and
payment of compensation may be made to them as authorized in...
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36-30-1
Section 36-30-1 Definitions; dependents; persons eligible for compensation. (a) For the purposes
of this chapter, the following words and phrases shall have the following meanings: (1) AWARDING
AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter
9 of Title 41. (2) COMPENSATION. The money benefits paid on account of injury or death
which occurred during the course of employment or activity as a peace officer or firefighter
and is in the nature of workers' compensation. (3) DEPENDENT CHILD. An unmarried child under
the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated
from earning. (4) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting
from a heart attack or stroke caused by engaging or participating in a situation while on
duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression,
rescue, hazardous material response, emergency medical service, prison...
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25-5-60
of any guardian or guardians, what portion of the compensation shall be applied for the benefit
of any child or children and may order the same paid to a guardian or custodian of the child
or children. d. Partial dependents shall be entitled to receive only that proportion of the
benefits provided for total dependents which the average amount of the earnings regularly
contributed by the deceased employee to the partial dependent, at and for a reasonable time
immediately prior to the injury, bore to the total income of the dependent during the
same time. If there is one dependent and one or more partial dependents and the dependent
is not entitled to the maximum amount of compensation provided in Section 25-5-68, there shall
be paid to the partial dependent or partial dependents that percentage of the benefit paid
to a full dependent which the contribution of the decedent to the partial dependent's support
bears to the total income of the partial dependent. Notwithstanding the...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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25-5-63
Section 25-5-63 Total dependents - Maximum compensation. Total dependents shall be entitled
to take compensation in the order named in Section 25-5-62 until the percentage of the average
weekly earnings of the deceased, during the time and as specified in Section 25-5-60, shall
have been exhausted; but the total compensation to be paid to all total dependents of a deceased
employee shall not exceed in the aggregate the maximum weekly compensation stated in Section
25-5-68, except as otherwise provided in this article. (Acts 1919, No. 245, p. 206; Code 1923,
§7560; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Code 1940, T. 26,
§287; Acts 1949, No. 36, p. 47; Acts 1951, No. 563, p. 978; Acts 1955, No. 350, p. 849; Acts
1957, No. 339, p. 449.)...
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25-5-35
in the service of his employer in this or such other state. (c) An employee whose duties require
him to travel regularly in the service of his employer in this and one or more other states
may, by written agreement with his employer, provide that his employment is principally localized
in this or another such state; and, unless such other state refuses jurisdiction, such agreement
shall be given effect under this section. (d) If an employee, while working outside of this
state, suffers an injury on account of which he or, in the event of his death, his
dependents, would have been entitled to the benefits provided by this article and Article
3 of this chapter had such injury occurred within this state, such employee or, in
the event of his death resulting from such injury, his dependents, shall be entitled
to the benefits provided by this article and Article 3 of this chapter, provided that at the
time of such injury: (1) His employment was principally localized in this state; (2)
He...
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40-18-19
payment would be taxable for federal income tax purposes. (7) Net income realized by individuals
and partnerships from time to time in the business of conducting a financial business employing
moneyed capital coming into competition with the business of national banks, but only if such
individuals and partnerships are subject to an excise tax imposed by this state on or with
respect to such income. (8) In the case of a single person or a married person not living
with husband or wife, a personal exemption of one thousand five hundred dollars ($1,500)
or, in the case of a head of a family or a married person living with husband or wife, a personal
exemption of three thousand dollars ($3,000), but a husband and wife living together shall
receive only one personal exemption of three thousand dollars ($3,000) against their
aggregate income, and in case they make separate returns each must claim a personal
exemption of one thousand five hundred dollars ($1,500). (9) a. Three hundred...
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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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