Code of Alabama

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25-5-77
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 occurring
between the time of the injury and the employee's death therefrom. If the employee
is dissatisfied with the initial treating physician selected by the employer and if further
treatment is required, the employee may so advise the employer, and the employee shall be
entitled to select a second physician from a panel or list of four physicians selected by
the employer. If surgery is required and if the employee is dissatisfied with the designated
surgeon, he or she may so advise the employer, and the employee shall be...
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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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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total
disability, the compensation shall be 66 2/3 percent of the average weekly earnings received
at the time of injury, subject to a maximum and minimum weekly compensation as stated
in Section 25-5-68, but if at the time of injury the employee received average weekly
earnings of less than the minimum stated in Section 25-5-68, then he or she shall receive
the full amount of the average weekly earnings per week. This compensation shall be paid during
the time of the disability, but at the time as a temporary total disability shall become permanent,
compensation for the continued total disability shall be governed by (a)(4) of this section
with respect to permanent total disability. Payments are to be made at the intervals when
the earnings were payable, as nearly as may be, unless the parties otherwise agree....
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36-27-1
Section 36-27-1 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) RETIREMENT
SYSTEM. The Employees' Retirement System of Alabama as defined in Section 36-27-2. (2) EMPLOYEE.
Any regular employee of the State of Alabama whose salary is paid by state warrant by the
state, except a member of the Legislature of the state, a person who is covered or eligible
to be covered under the Teachers' Retirement System of Alabama or any other retirement system
to which contributions are made by the state, an elective official of the state government,
and a temporary employee or person engaged under retainer or special agreement. In all cases
of doubt the Board of Control shall determine who is an employee within the meaning of this
article. The term shall include any regular employee of the Alabama state hospitals and Partlow
State School and Hospital and the Alabama State Port Authority,...
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25-5-335
require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding
the foregoing, if an employee voluntarily entered the program, follow-up testing shall not
be required. If follow-up testing is conducted, the frequency of the testing shall be at least
once a year for a two-year period after completion of the program and advance notice of the
testing date shall not be given to the employee. (5) If the employee has caused or contributed
to an on-the-job injury which resulted in a loss of work time, the employer shall require
the employee to submit to a substance abuse test. (b) Nothing in this article shall prohibit
a private employer from conducting random testing or other lawful testing of employees. (c)
All specimen collection and testing under this article shall be performed in accordance with
the following procedures: (1) A specimen shall be collected with due regard to the privacy
of the individual providing the specimen, and in a manner...
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16-1-18.1
Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School
of Mathematics and Science; the Secretary of the Senate, the Clerk of the House of Representatives,
the Lieutenant Governor; the Speaker of the House of Representatives; the chief executive
officer of any other employer as provided in this section. (4) SICK LEAVE. The absence from
duty by an employee as a result of any of the following: a. Personal illness or doctor's
quarantine. b. Incapacitating personal injury. c. Attendance upon an ill member
of the employee's immediate family (parent, spouse, child, foster child currently in the care
and custody of the employee, sibling); or an individual with a close personal tie.
d. Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, nephew, niece, grandchild, grandparent, uncle,
or aunt). e. Death, injury, or sickness of another person who has unusually...
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25-5-293
and insurers operating in Alabama shall, at the secretary's request, provide the secretary
such data as he or she deems necessary to evaluate costs and quality. The data shall be provided
in the form and content to the secretary's specifications and in a manner deemed timely by
the secretary. The secretary may gather from health care claims intermediaries that operate
in Alabama any claims data related to diagnoses and procedures encountered in the treatment
of workers'-compensation-type injury and illness in Alabama. Results from all data
gathered shall be made available to employers or their representatives for use in decisions
regarding the direction of care or to determine appropriateness of reimbursement. (i) Beginning
immediately after May 19, 1992, and to be completed within six months thereafter, the secretary
may engage an independent firm to identify the initial costs for the program. These initial
expenses shall include, but not be limited to, the establishment of a data...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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