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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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