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25-5-35
in the service of his employer in this or such other state. (c) An employee whose duties require
him to travel regularly in the service of his employer in this and one or more other states
may, by written agreement with his employer, provide that his employment is principally localized
in this or another such state; and, unless such other state refuses jurisdiction, such agreement
shall be given effect under this section. (d) If an employee, while working outside of this
state, suffers an injury on account of which he or, in the event of his death, his
dependents, would have been entitled to the benefits provided by this article and Article
3 of this chapter had such injury occurred within this state, such employee or, in
the event of his death resulting from such injury, his dependents, shall be entitled
to the benefits provided by this article and Article 3 of this chapter, provided that at the
time of such injury: (1) His employment was principally localized in this state; (2)
He...
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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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25-5-50
Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments,
and rescue squads; sports officials. (a) This article and Article 2 of this chapter shall
not be construed or held to apply to an employer of a domestic employee; an employer of a
farm laborer; an employer of a person whose employment at the time of the injury is
casual and not in the usual course of the trade, business, profession, or occupation of the
employer; an employer who regularly employs less than five employees in any one business,
other than the business of constructing or assisting on-site in the construction of new single-family,
detached residential dwellings; or a municipality having a population of less than 2,000 according
to the most recent federal decennial census. An employer who regularly employs less than five
employees in any one business; a farm-labor employer; an employer of a domestic employee;
or a municipality having a population of less than 2,000 according to...
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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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25-4-10
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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25-5-316
withdrawn or expended except those budgeted and allocated in accordance with Article 4 (commencing
with Section 41-4-80) of Chapter 4 of Title 41. All moneys remaining unexpended in the separate
fund at the end of the fiscal year shall remain in the State Treasury to be expended as herein
provided. Included in the budget shall be an amount of money allocated for the specific and
exclusive purpose of paying only benefits to the claimants who have qualified to receive benefits
from the Second Injury Trust Fund on May 19, 1992. Payments of these benefits shall
be made weekly. The secretary shall each week make requisitions to the state Comptroller who
shall draw warrants on the State Treasurer for the weekly compensation amount. The warrants
shall be drawn only if there are sufficient moneys in the Treasury for immediate payment.
Claims shall take priority in an ascending numerical order according to the time of the accident,
and the time shown in the settlement between the employer and...
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36-30-1
Section 36-30-1 Definitions; dependents; persons eligible for compensation. (a) For the purposes
of this chapter, the following words and phrases shall have the following meanings: (1) AWARDING
AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter
9 of Title 41. (2) COMPENSATION. The money benefits paid on account of injury or death
which occurred during the course of employment or activity as a peace officer or firefighter
and is in the nature of workers' compensation. (3) DEPENDENT CHILD. An unmarried child under
the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated
from earning. (4) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting
from a heart attack or stroke caused by engaging or participating in a situation while on
duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression,
rescue, hazardous material response, emergency medical service, prison...
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25-5-8
foregoing, the insurance association, organization, or corporation shall have first had its
contract and plan of business approved in writing by the Commissioner of the Department of
Insurance of Alabama and have been authorized by the Department of Insurance to transact the
business of workers' compensation insurance in this state and under the plan. Notwithstanding
any other provision of the law to the contrary, the obligations of employers under law for
workers' compensation benefits for injury of employees may be insured by any combination
of life, disability, accident, health, or other insurance provided that the coverages insure
without limitation or exclusion the workers' compensation benefits of this state. (b) Option
to operate as self-insurer. An employer subject to this chapter who elects not to insure his
or her liability thereunder shall furnish satisfactory proof to the secretary of his or her
financial ability to pay directly compensation in the amount and manner and...
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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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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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