Code of Alabama

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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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25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
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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...
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25-4-78
Section 25-4-78 Disqualifications for benefits. An individual shall be disqualified for total
or partial unemployment for any of the following: (1) LABOR DISPUTE IN PLACE OF EMPLOYMENT.
For any week in which an individual's total or partial unemployment is directly due to a labor
dispute still in active progress in the establishment in which he or she is or was last employed.
For the purposes of this section only, the term labor dispute includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the association or representation
of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions
of employment, regardless of whether the disputants stand in the proximate relation of employer
and employee. This definition shall not relate to a dispute between an individual worker and
his or her employer. (2) VOLUNTARILY QUITTING WORK. If an individual has left his or her most
recent bona fide work voluntarily without good...
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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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25-5-68
for permanent partial and temporary total disability in connection with a disability scheduled
in subdivisions (1) and (3) of subsection (a) of Section 25-5-57 or except as provided in
subsection (f), shall the total amount of compensation payable for an accident or an occupational
disease exceed the product of 500 times the maximum weekly benefit applicable on the date
of the accident. (e) The minimum and maximum benefits that are in effect on the date of the
accident which results in injury or death shall be applicable for the full period during
which compensation is payable. (f) Notwithstanding any other provision of this article, the
compensation benefits payable to a surviving dependent child of a law enforcement officer
or firefighter who dies on or after January 1, 2018, as a result of injuries received while
engaged in the performance of his or her duties shall not discontinue at least until the dependent
child reaches the age of 18 years. (Acts 1919, No. 245, p. 206;...
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25-5-60
of any guardian or guardians, what portion of the compensation shall be applied for the benefit
of any child or children and may order the same paid to a guardian or custodian of the child
or children. d. Partial dependents shall be entitled to receive only that proportion of the
benefits provided for total dependents which the average amount of the earnings regularly
contributed by the deceased employee to the partial dependent, at and for a reasonable time
immediately prior to the injury, bore to the total income of the dependent during the
same time. If there is one dependent and one or more partial dependents and the dependent
is not entitled to the maximum amount of compensation provided in Section 25-5-68, there shall
be paid to the partial dependent or partial dependents that percentage of the benefit paid
to a full dependent which the contribution of the decedent to the partial dependent's support
bears to the total income of the partial dependent. Notwithstanding the...
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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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27-19-22
Section 27-19-22 Optional policy provisions - Relation of earnings to insurance. (a) There
may be a provision as follows: "Relation of Earnings to Insurance: If the total monthly
amount of loss of time benefits promised for the same loss under all valid loss of time coverage
upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings
of the insured at the time disability commenced or his average monthly earnings for the period
of two years immediately preceding a disability for which claim is made, whichever is the
greater, the insurer will be liable only for such proportionate amount of such benefits under
this policy as the amount of such monthly earnings or such average monthly earnings of the
insured bears to the total amount of monthly benefits for the same loss under all such coverage
upon the insured at the time such disability commences and for the return of such part of
the premiums paid during such two years as shall exceed the pro rata...
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45-37-123.01
RETIREMENT BENEFIT. A benefit payable pursuant to the terms of subsection (a) of Section 45-37-123.100.
(52) SYSTEM or PLAN. The General Retirement System for Employees of Jefferson County, which
system or plan may sue or be sued, and in such name all of its business shall be transacted.
(53) SPOUSE. The legal wife or husband of a member as determined in accordance with federal
law. (54) TOTAL DISABILITY. A permanent physical or mental condition of a member resulting
from bodily injury, disease, or mental disorder which renders such member incapable
of continuing usual and customary employment with the county. The disability of a member shall
be determined by a licensed medical advisor. (55) TRUSTEE. The pension board or the person
or entity appointed by the pension board and named as trustee herein or in any separate trust
forming a part of the plan, and any successors. (56) TRUST FUND. The tax-qualified trust in
which certain plan funds are held, disbursed, transferred,...
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