15-23-14
Section 15-23-14 Award of compensation subrogates commission to rights of claimant as to collateral
source; funds recovered from collateral source held in trust for commission; disposition of
trust funds; notice of action to recover damages; restitution hearings. (a) If compensation
is awarded, the commission shall be subrogated to all the rights of a claimant to receive
or recover from a collateral source to the extent that compensation was awarded. (b) In the
event the claimant recovers compensation, other than under the provisions of this article,
for injuries or death resulting from criminally injurious conduct, the claimant shall retain,
as trustee for the commission, so much of the recovered funds as necessary to reimburse the
Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the
claimant from that fund. The funds retained in trust shall be promptly paid over to the commission
and deposited in the Alabama Crime Victims Compensation Fund....
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15-23-12
Section 15-23-12 When compensation not awarded, diminished, etc.; reconsideration of award.
(a) Compensation shall not be awarded in any of the following circumstances: (1) A claim has
been filed with the commission later than one year after the injury or death upon which the
claim is based, unless the commission finds there was good cause for the failure to file within
that time. (2) To a claimant who was the offender, or an accomplice of the offender, or who
encouraged or in any way participated in the criminally injurious conduct. (3) If the award
would unjustly benefit the offender or accomplice of the offender. (4) The criminally injurious
conduct resulting in injury or death was reported to a law enforcement officer later than
72 hours after its occurrence, unless the commission finds there was good cause for the failure
to report within that time. (b) Compensation otherwise payable to a claimant may be diminished
or denied to the extent that the economic loss is recouped from...
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15-23-15
Section 15-23-15 Amount and method of compensation; future economic loss generally; exemption
from state and local taxes, etc. (a) Compensation for work loss, replacement services loss,
dependent's economic loss, and dependent's replacement services loss may not exceed six hundred
dollars ($600) per week. (b) Compensation payable to a victim and to all other claimants sustaining
economic loss because of injury to or death of that victim may not exceed twenty thousand
dollars ($20,000) in the aggregate. (c) The commission may provide for the payment to a claimant
in a lump sum or in installments. At the request of the claimant, the commission may convert
future economic loss, other than allowable expense, to a lump sum, but only upon a finding
by the commission that the award in a lump sum will promote the interests of the claimant.
(d) An award payable in installments for future economic loss may be made only for a period
as to which the commission can reasonably determine future...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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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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31-9-8
Section 31-9-8 Emergency powers of Governor. (a) The provisions of this section shall be operative
only during the existence of a state of emergency, referred to hereinafter as one of the states
of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed
by the Governor as provided in this subsection or by joint resolution of the Legislature if
the Governor in the proclamation or the Legislature in the resolution finds that an attack
upon the United States has occurred or is anticipated in the immediate future, or that a natural
disaster of major proportions or a public health emergency has occurred or is reasonably anticipated
in the immediate future within this state and that the safety and welfare of the inhabitants
of this state require an invocation of the provisions of this section. If the state of emergency
affects less than the entire state, the Governor or the Legislature shall designate in the
proclamation or resolution those counties to...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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41-15B-2
Section 41-15B-2 Children First Trust Fund. (a) There is established a special fund in the
State Treasury to be known as the Children First Trust Fund. (b) The existence of the fund
is contingent upon the receipt by the state of tobacco revenues. (c) The fund shall consist
of tobacco revenues and any appropriations or revenues received from any other source. The
amounts provided for in Section 41-15B-2.1 shall be deposited into the fund from tobacco revenues
with the remainder of the tobacco revenues being distributed as provided in Division 1, Article
17, Chapter 10 of this title. (d) The council shall keep detailed permanent records of all
expenditures and distributions from the fund and shall file a monthly written report of all
transactions, and any other information requested, with the permanent Joint Legislative Oversight
Committee of the Children First Trust Fund. (e) The council shall prepare an annual report
to the Governor and the Legislature detailing the expenditures and...
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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering under
this chapter shall be deemed to have assigned his or her rights under the policy to the association
to the extent of his or her recovery from the association. Every insured or claimant seeking
the protection of this chapter shall cooperate with the association to the same extent as
such person would have been required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent insurer for any sums it
has paid out except for those causes of action the insolvent insurer would have had if such
sums had been paid by the insolvent insurer and except as provided in subsections (d), (e),
(f), (g), and (h) below. In the case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the association may not operate to reduce the liability of
insureds to the receiver, liquidator, or statutory successor for...
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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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