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41-9-68
Section 41-9-68 Determination of amount of injury or damage and entry of award for payment
of damages generally. (a) When claims are properly prepared and presented to the Board of
Adjustment and, after ascertaining the facts in the case, it is directed to determine the
amount of the injury, death or disability or other injury or damage arising from contract
or business and to fix the damages, using as its guide, when applicable, the ordinary rules
of negligence and worker's compensation laid down by the courts and the moral obligation of
the State of Alabama, and to award and find the person entitled to payment and the amount,
if any, which should be paid and any other facts necessary for a proper adjustment of claims.
The ordinary rules of negligence as to liability are to be followed in claims by parties not
employees of the State of Alabama or any of its agencies, commissions, boards, institutions
or departments. The rules of Chapter 5 of Title 25 as to liability are to be followed...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees.
(a) The commission may provide insurance covering loss or damage to its properties or any
properties of others in its custody, care, or control or any properties as to which it has
any insurable interest caused by fire or other casualty and may likewise provide insurance
for the payment of damages on account of the injury or death of persons and the loss or destruction
of properties of others, and may pay the premiums out of the revenues of the commission. Nothing
in this section shall be construed to authorize or permit the institution of any civil
action or proceeding in any court against the commission for or on account of any matter referred
to in this section. Any contracts of insurance authorized by this section may,
in the discretion of the chair of the commission, provide for a direct right of action against
the insurance carrier for the enforcement of any claims or causes of action. (b) The...
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41-9-62
Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities,
counties, etc., not within jurisdiction of board, etc. (a) The Board of Adjustment shall have
the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for
damages to the person or property growing out of any injury done to either the person or property
by the State of Alabama or any of its agencies, commissions, boards, institutions or departments,
with the exception of claims by employees of the state for personal injury or death arising
out of the course of employment with the State of Alabama, where such employees are covered
by an employee injury compensation program; (2) All claims for personal injuries to or the
death of any convict, and all claims for personal injuries to or the death of any employee
of a city or county board of education, or college or university, arising out of the course
of the employee's employment and where the employee is not covered...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties
necessary to the discharge of its powers and duties in corporate form as follows: (1) Have
succession by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue
and be sued in its own name in civil suits and actions and defend suits against it. (3) Adopt
and make use of a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws
for the regulation and conduct of its affairs and business. (5) Acquire, receive, take, by
purchase, gift, lease, devise, or otherwise, and hold property of every description, real,
personal, or mixed, whether located in one or more counties or municipalities and whether
located within or outside the authorizing county. (6) Make, enter into, and execute contracts,
agreements, leases, and other instruments and take other actions as may be necessary or convenient
to accomplish any purpose for which the authority was organized, or exercise any...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries
or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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16-1-18.1
Section 16-1-18.1 Accumulation of sick leave. (a) Definitions. When used in this section,
the following terms shall have the following meanings, respectively: (1) EMPLOYEE. Any person
employed full time as provided by law by those employers enumerated in this section;
and adult bus drivers. (2) EMPLOYER. All public city and county boards of education; the Board
of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department
District Board in its capacity as the Board of Education for the Youth Services Department
District; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees
of the Alabama High School of Mathematics and Science; for purposes of subsection (c) only,
the Alabama State Senate, the Lieutenant Governor, the Office of the Senate President Pro
Tempore, the Speaker of the House of Representatives, the Alabama House of Representatives,
the Legislative Reference Service; any organization participating in the Teachers'...
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25-5-77
Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation,
medicine, etc.; medical examinations; review by ombudsman of medical services. (a) In addition
to the compensation provided in this article and Article 4 of this chapter, the employer,
where applicable, shall pay the actual cost of the repair, refitting, or replacement of artificial
members damaged as the result of an accident arising out of and in the course of employment,
and the employer, except as otherwise provided in this amendatory act, shall pay an amount
not to exceed the prevailing rate or maximum schedule of fees as established herein of reasonably
necessary medical and surgical treatment and attention, physical rehabilitation, medicine,
medical and surgical supplies, crutches, artificial members, and other apparatus as the result
of an accident arising out of and in the course of the employment, as may be obtained by the
injured employee or, in case of death, obtained during the period...
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25-5-1
Section 25-5-1 Definitions. Throughout this chapter, the following words and phrases
as used therein shall be considered to have the following meanings, respectively, unless the
context shall clearly indicate a different meaning in the connection used: (1) COMPENSATION.
The money benefits to be paid on account of injury or death, as provided in Articles 3 and
4. The recovery which an employee may receive by action at law under Article 2 of this chapter
is termed "recovery of civil damages," as provided for in Sections 25-5-31 and 25-5-34.
"Compensation" does not include medical and surgical treatment and attention, medicine,
medical and surgical supplies, and crutches and apparatus furnished an employee on account
of an injury. (2) CHILD or CHILDREN. The terms include posthumous children and all other children
entitled by law to inherit as children of the deceased; stepchildren who were members of the
family of the deceased, at the time of the accident, and were dependent upon him or...
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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever
used in this subpart, including this section, shall have the meanings respectively
ascribed to them in this section, unless the context plainly indicates otherwise or
that a more restricted or extended meaning is intended: (1) ANNIVERSARY DATE. The date of
establishment and the month and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A
person who holds his or her office or position by reason of being appointed by the mayor or
city council or other appointing authority of the city; who is not a classified service employee;
and who serves solely at the pleasure of the respective appointing authority. (3) BASIC MONTHLY
EARNINGS and MONTHLY SALARY. Basic monthly compensation, exclusive of overtime or other forms
of extra compensation but including longevity pay, which shall be regarded as having been
received in equal monthly installments during each of the months prior to the accrual date...
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41-9-69
Section 41-9-69 Determination of agency, commission, etc., of state inflicting injury
or damage and entry of award for payment of damages out of funds appropriated thereto. The
Board of Adjustment in its findings of facts and its findings and awards as to the amount
of payment may also find the agency, commission, board, institution or department of the State
of Alabama which inflicted the injury or damage complained of, if it finds there is injury
or damage done to persons or property, and may adjudge and find that said damage shall be
paid out of the appropriation made to the agency, commission, board, institution or department
of the State of Alabama whose employees, servants, agents or instrumentalities inflicted the
damages and injuries complained of; provided, that the Board of Adjustment may order the payment
of any claim out of any fund or funds appropriated for the purposes of this division. (Acts
1935, No. 546, p. 1164; Code 1940, T. 55, ยง340.)...
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