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25-5-32
Section 25-5-32 Excluded defenses. In all cases brought under this article, it shall not be
a defense: (1) That the employee was negligent, unless and except it shall also appear that
such negligence was wilful or that such employee was guilty of wilful misconduct as defined
in Section 25-5-51. (2) That the injury was caused by the negligence of a fellow employee.
(3) That the employee had assumed the risks inherent in or incidental to the work, or arising
out of his employment, or arising from the failure of the employer to provide and maintain
safe premises and suitable appliances, which grounds of defense are hereby abolished. (Acts
1919, No. 245, p. 206; Code 1923, §7535; Code 1940, T. 26, §254.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-32.htm - 1K - Match Info - Similar pages
25-5-31
Section 25-5-31 Right of action for damages for injuries or death of employee. When personal
injury or death is caused to an employee by an accident arising out of and in the course of
his employment, of which injury the actual or lawfully imputed negligence of the employer
is the natural and proximate cause, he, or in case of death, his personal representative,
for the exclusive benefit of the surviving spouse and next of kin, shall receive compensation
by way of damages therefor from the employer; provided, that the injury or death was not caused
by the wilful misconduct of the employee or was not due to misconduct on his part, as defined
in Section 25-5-51. (Acts 1919, No. 245, p. 206; Code 1923, §7534; Code 1940, T. 26, §253.)...
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25-5-51
Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation.
If an employer is subject to this article, compensation, according to the schedules hereinafter
contained, shall be paid by the employer, or those conducting the business during bankruptcy
or insolvency, in every case of personal injury or death of his or her employee caused by
an accident arising out of and in the course of his or her employment, without regard to any
question of negligence. Notwithstanding the foregoing, no compensation shall be allowed for
an injury or death caused by the willful misconduct of the employee, by the employee's intention
to bring about the injury or death of himself or herself or of another, his or her willful
failure or willful refusal to use safety appliances provided by the employer or by an accident
due to the injured employee being intoxicated from the use of alcohol or being impaired by
illegal drugs. A positive drug test conducted and evaluated...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-81.htm - 6K - Match Info - Similar pages
37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-6-3.htm - 19K - Match Info - Similar pages
10A-5-1.04
Section 10A-5-1.04 Indemnification. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE
JANUARY 1, 2017. Unless its certificate of formation provides otherwise, every limited liability
company has the power to indemnify a member, manager, or employee or former member, manager,
or employee of the limited liability company against expenses actually and reasonably incurred
in connection with the defense of an action, suit, or proceeding, civil or criminal, in which
the member, manager, or employee is made a party by reason of being or having been a member,
manager, or employee of the limited liability company, except in relation to matters as to
which the member, manager, or employee is determined in the action, suit, or proceeding to
be liable for negligence or misconduct in the performance of duty; to make any other indemnification
that is authorized by the governing documents of the limited liability company or by a resolution
adopted by the members after notice, unless...
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22-13-35
Section 22-13-35 Liability under article. (a) No person shall have any claim or cause of action
against the State of Alabama, or its political subdivisions, or any individual arising out
of any acts or omissions which occurred under the provisions of this article, if the state,
political subdivisions, or individual is in compliance with this article. (b) No person shall
have any claim or cause of action against any person, or the employer or employee of any person,
who participates in good faith in the reporting or receiving, or both, of cancer registry
data or data for cancer or benign brain-related tumor morbidity or mortality studies in accordance
with this article. (c) No license of a health care facility or health care provider may be
denied, suspended, or revoked for the good faith disclosure of confidential or privileged
information in the reporting of cancer registry data or data for cancer or benign brain-related
tumor morbidity or mortality studies in accordance with this...
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22-11C-12
Section 22-11C-12 Liability under chapter. (a) No person shall have any claim or cause of action
against the State of Alabama, or its political subdivisions, or any individual arising out
of any acts or omissions which occurred under the provisions of this chapter, if the state,
political subdivisions, or individual is in compliance with this chapter. (b) No person shall
have any claim or cause of action against any person, or the employer or employee of any person,
who participates in good faith in the reporting or receiving, or both, of head or spinal cord
registry data or data for head or spinal cord injury morbidity or mortality studies in accordance
with this chapter. (c) No license of a health care facility or health care provider may be
denied, suspended, or revoked for the good faith disclosure of confidential or privileged
information in the reporting of head or spinal cord injury registry data or data for head
or spinal cord injury morbidity or mortality studies in accordance...
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25-5-88
Section 25-5-88 Proceedings for determination of disputed claims for compensation - Commencement
of action, etc. Either party to a controversy arising under this article and Article 2 of
this chapter may file a verified complaint in the circuit court of the county which would
have jurisdiction of an action between the same parties arising out of tort, which shall set
forth the names and residences of the parties and the circumstances relating to the employment
at the time of the injury, with a full description of the injury, its nature and extent, the
amount of the average earnings received by the employee which would affect his compensation
under this article and Article 2 of this chapter, the knowledge of the employer of the injury
or the notice to him thereof, which must be of the kind provided for in this article and Article
2 of this chapter and such other facts as may be necessary to enable the court to determine
what, if any, compensation the employee or, in case of a deceased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-88.htm - 2K - Match Info - Similar pages
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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