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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
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
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
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 with this chapter.
(d) No license of a health care facility or health care provider may be denied, suspended,
or...
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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...
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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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