(a) Injury and temporary disability. -Every member of the National Guard or Alabama State Guard who shall be wounded, injured or temporarily disabled, whether by reason of injury, sickness or disease, as a direct result of active military service for the state, as defined in subsection (d) of this section, shall be provided for, and furnished necessary medical attention, hospitalization, medicines and dressings at the expense of the state, and in addition thereto he shall be carried in the active military service of the state until maximum possible physical improvement has been reached, but not to exceed 18 months; provided, that after the first 60 days, the pay of such person shall be computed on the basis of his earnings in civilian life and in the manner prescribed by the workers' compensation laws of Alabama in force at the time such injury or disability occurs, if his pay so computed would be greater than his pay prescribed under this chapter for active military or naval service for the state.
(b) Permanent disability. -Any member of the National Guard or Alabama State Guard who shall be permanently disabled, either totally or partially, whether by wound, injury, sickness or disease, as a direct result of active military service for the state, as defined in subsection (d) of this section, after having been provided for under the provisions of subsection (a) of this section until he has reached the maximum possible physical improvement, shall, in addition thereto, be paid by the state compensation for such disability, the same to be computed in the same manner and on the same basis as shall be provided by the workers' compensation laws of Alabama in force at the time such disability is caused; provided, that the earnings of the disabled person in his civil vocation shall be the basis for computing his compensation, but in no case shall the basis for computing such compensation be less than his rate of military or naval pay under this chapter. Dismemberment of any portion of the anatomy shall be considered as at least permanent partial disability and shall be compensated for by the number of weeks benefits provided for similar cases of dismemberment under the workers' compensation laws.
(c) Death. -In cases of death resulting directly from active military service for the state, as defined in subsection (d) of this section, the heirs of the deceased, as defined in subsection (d), shall receive the same compensation as shall be provided in the workers' compensation laws of Alabama in force at the time of his death. The earnings of the deceased in his civil vocation shall be the basis for computing such compensation, but in no case shall the basis for computing such compensation be less than his rate of military or naval pay under this chapter. Burial expenses not to exceed $500.00 are authorized to be paid by the state. Benefits provided under this subsection are in addition to any benefits payable pursuant to Chapter 3 of this title.
(d) Definitions. -As used in this section these terms shall have the following meanings:
(1) ACTIVE MILITARY SERVICE FOR THE STATE. Such term includes service when called out in cases of riot, breach of the peace, resistance to process, invasion, rebellion, insurrection or imminent danger thereof, in aid of the civil authorities and in cases of disaster, and shall also include periods of field training or similar training or annual cruises when paid solely from state funds and no federal funds, pay or allowances are authorized and where no federal duty is involved, and shall not include any service in a paid or nonpaid federal training status.
(2) PERMANENT TOTAL DISABILITY and PERMANENT PARTIAL DISABILITY. The definitions set out in the applicable workers' compensation laws shall govern in cases arising under this section except as otherwise specified in this section.
(3) HEIRS OF THE DECEASED OR DEPENDENT. Dependents of the deceased, as defined in the applicable workers' compensation laws, if there be any such dependents. If there be no such dependents, then the term "heirs of the deceased" shall be as defined by the laws of descent and distribution, and, in such cases, the compensation payable shall be the same as provided for a dependent widow, and such compensation shall not be subject to the payment of the debts or liabilities of the deceased.
(e) Procedure. -The Adjutant General, with the approval of the Governor, will prescribe reasonable rules and regulations for the administration of the provisions of this section; provided, that each claim for compensation under subsections (b) and (c) of this section shall before payment be referred to a board of inquiry, composed of not less than one nor more than three officers, for investigation and recommendations, such board to be appointed by the Adjutant General either before or at the time any claim is presented. Service on such board shall be "in the active military or naval service of the state" and expenses of such board shall be paid out of the appropriation authorized in this chapter. Persons having or claiming an interest in the compensation payable under this section in any case shall be notified of the time and place of hearings of such board of inquiry and afforded an opportunity to be present and present evidence in support of their claims. All duties of the Adjutant General, Governor and other state officials and employees in connection with the payment of compensation due under this section shall be considered as "ministerial," except as to the manner of payment. Claims for compensation due under this section shall be forever barred unless presented to the Adjutant General within two years after the claim accrues, or within two years after the last payment of any benefits under this section, or unless mandamus proceedings have been commenced within such period of time and after the end of six months to enforce payment of benefits.
(f) Manner of payment. -All compensation, pay and expenses authorized under this section shall be paid from any moneys in the general treasury not otherwise appropriated; provided that the Director of Finance is authorized to reinsure the state's risk of liabilities under this section with the State Insurance Fund or any private insurance or bonding company authorized to do business in Alabama and to pay the premiums therefor out of any funds in the general treasury not otherwise appropriated. Pay due under subsection (a) of this section shall be paid monthly. Compensation payable under subsections (b) and (c) of this section shall be payable either monthly or in a lump sum, or both, at the discretion of the Adjutant General, with the approval of the Governor, and no discount shall be made in cases of payment in lump sums; provided that the Adjutant General, with the approval of the Governor, may at any time change the method of payment to a lump-sum payment; and provided further, that the board of inquiry investigating each case shall make recommendations as to manner of payment of compensation. Payments of compensation and expenses under this section shall be on itemized, verified vouchers approved by the Adjutant General and the Governor, supported by itemized invoices or receipts, and accompanied, in cases where a board of inquiry is required, by a certified copy of the report of the board of inquiry.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §115; Acts 1973, No. 1038, p. 1572, §86.)
(a) Injury and temporary disability. -Every member of the National Guard or Alabama State Guard who shall be wounded, injured or temporarily disabled, whether by reason of injury, sickness or disease, as a direct result of active military service for the state, as defined in subsection (d) of this section, shall be provided for, and furnished necessary medical attention, hospitalization, medicines and dressings at the expense of the state, and in addition thereto he shall be carried in the active military service of the state until maximum possible physical improvement has been reached, but not to exceed 18 months; provided, that after the first 60 days, the pay of such person shall be computed on the basis of his earnings in civilian life and in the manner prescribed by the workers' compensation laws of Alabama in force at the time such injury or disability occurs, if his pay so computed would be greater than his pay prescribed under this chapter for active military or naval service for the state.
(b) Permanent disability. -Any member of the National Guard or Alabama State Guard who shall be permanently disabled, either totally or partially, whether by wound, injury, sickness or disease, as a direct result of active military service for the state, as defined in subsection (d) of this section, after having been provided for under the provisions of subsection (a) of this section until he has reached the maximum possible physical improvement, shall, in addition thereto, be paid by the state compensation for such disability, the same to be computed in the same manner and on the same basis as shall be provided by the workers' compensation laws of Alabama in force at the time such disability is caused; provided, that the earnings of the disabled person in his civil vocation shall be the basis for computing his compensation, but in no case shall the basis for computing such compensation be less than his rate of military or naval pay under this chapter. Dismemberment of any portion of the anatomy shall be considered as at least permanent partial disability and shall be compensated for by the number of weeks benefits provided for similar cases of dismemberment under the workers' compensation laws.
(c) Death. -In cases of death resulting directly from active military service for the state, as defined in subsection (d) of this section, the heirs of the deceased, as defined in subsection (d), shall receive the same compensation as shall be provided in the workers' compensation laws of Alabama in force at the time of his death. The earnings of the deceased in his civil vocation shall be the basis for computing such compensation, but in no case shall the basis for computing such compensation be less than his rate of military or naval pay under this chapter. Burial expenses not to exceed $500.00 are authorized to be paid by the state. Benefits provided under this subsection are in addition to any benefits payable pursuant to Chapter 3 of this title.
(d) Definitions. -As used in this section these terms shall have the following meanings:
(1) ACTIVE MILITARY SERVICE FOR THE STATE. Such term includes service when called out in cases of riot, breach of the peace, resistance to process, invasion, rebellion, insurrection or imminent danger thereof, in aid of the civil authorities and in cases of disaster, and shall also include periods of field training or similar training or annual cruises when paid solely from state funds and no federal funds, pay or allowances are authorized and where no federal duty is involved, and shall not include any service in a paid or nonpaid federal training status.
(2) PERMANENT TOTAL DISABILITY and PERMANENT PARTIAL DISABILITY. The definitions set out in the applicable workers' compensation laws shall govern in cases arising under this section except as otherwise specified in this section.
(3) HEIRS OF THE DECEASED OR DEPENDENT. Dependents of the deceased, as defined in the applicable workers' compensation laws, if there be any such dependents. If there be no such dependents, then the term "heirs of the deceased" shall be as defined by the laws of descent and distribution, and, in such cases, the compensation payable shall be the same as provided for a dependent widow, and such compensation shall not be subject to the payment of the debts or liabilities of the deceased.
(e) Procedure. -The Adjutant General, with the approval of the Governor, will prescribe reasonable rules and regulations for the administration of the provisions of this section; provided, that each claim for compensation under subsections (b) and (c) of this section shall before payment be referred to a board of inquiry, composed of not less than one nor more than three officers, for investigation and recommendations, such board to be appointed by the Adjutant General either before or at the time any claim is presented. Service on such board shall be "in the active military or naval service of the state" and expenses of such board shall be paid out of the appropriation authorized in this chapter. Persons having or claiming an interest in the compensation payable under this section in any case shall be notified of the time and place of hearings of such board of inquiry and afforded an opportunity to be present and present evidence in support of their claims. All duties of the Adjutant General, Governor and other state officials and employees in connection with the payment of compensation due under this section shall be considered as "ministerial," except as to the manner of payment. Claims for compensation due under this section shall be forever barred unless presented to the Adjutant General within two years after the claim accrues, or within two years after the last payment of any benefits under this section, or unless mandamus proceedings have been commenced within such period of time and after the end of six months to enforce payment of benefits.
(f) Manner of payment. -All compensation, pay and expenses authorized under this section shall be paid from any moneys in the general treasury not otherwise appropriated; provided that the Director of Finance is authorized to reinsure the state's risk of liabilities under this section with the State Insurance Fund or any private insurance or bonding company authorized to do business in Alabama and to pay the premiums therefor out of any funds in the general treasury not otherwise appropriated. Pay due under subsection (a) of this section shall be paid monthly. Compensation payable under subsections (b) and (c) of this section shall be payable either monthly or in a lump sum, or both, at the discretion of the Adjutant General, with the approval of the Governor, and no discount shall be made in cases of payment in lump sums; provided that the Adjutant General, with the approval of the Governor, may at any time change the method of payment to a lump-sum payment; and provided further, that the board of inquiry investigating each case shall make recommendations as to manner of payment of compensation. Payments of compensation and expenses under this section shall be on itemized, verified vouchers approved by the Adjutant General and the Governor, supported by itemized invoices or receipts, and accompanied, in cases where a board of inquiry is required, by a certified copy of the report of the board of inquiry.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §115; Acts 1973, No. 1038, p. 1572, §86.)
(a) Injury and temporary disability. -Every member of the National Guard or Alabama State Guard who shall be wounded, injured or temporarily disabled, whether by reason of injury, sickness or disease, as a direct result of active military service for the state, as defined in subsection (d) of this section, shall be provided for, and furnished necessary medical attention, hospitalization, medicines and dressings at the expense of the state, and in addition thereto he shall be carried in the active military service of the state until maximum possible physical improvement has been reached, but not to exceed 18 months; provided, that after the first 60 days, the pay of such person shall be computed on the basis of his earnings in civilian life and in the manner prescribed by the workers' compensation laws of Alabama in force at the time such injury or disability occurs, if his pay so computed would be greater than his pay prescribed under this chapter for active military or naval service for the state.
(b) Permanent disability. -Any member of the National Guard or Alabama State Guard who shall be permanently disabled, either totally or partially, whether by wound, injury, sickness or disease, as a direct result of active military service for the state, as defined in subsection (d) of this section, after having been provided for under the provisions of subsection (a) of this section until he has reached the maximum possible physical improvement, shall, in addition thereto, be paid by the state compensation for such disability, the same to be computed in the same manner and on the same basis as shall be provided by the workers' compensation laws of Alabama in force at the time such disability is caused; provided, that the earnings of the disabled person in his civil vocation shall be the basis for computing his compensation, but in no case shall the basis for computing such compensation be less than his rate of military or naval pay under this chapter. Dismemberment of any portion of the anatomy shall be considered as at least permanent partial disability and shall be compensated for by the number of weeks benefits provided for similar cases of dismemberment under the workers' compensation laws.
(c) Death. -In cases of death resulting directly from active military service for the state, as defined in subsection (d) of this section, the heirs of the deceased, as defined in subsection (d), shall receive the same compensation as shall be provided in the workers' compensation laws of Alabama in force at the time of his death. The earnings of the deceased in his civil vocation shall be the basis for computing such compensation, but in no case shall the basis for computing such compensation be less than his rate of military or naval pay under this chapter. Burial expenses not to exceed $500.00 are authorized to be paid by the state. Benefits provided under this subsection are in addition to any benefits payable pursuant to Chapter 3 of this title.
(d) Definitions. -As used in this section these terms shall have the following meanings:
(1) ACTIVE MILITARY SERVICE FOR THE STATE. Such term includes service when called out in cases of riot, breach of the peace, resistance to process, invasion, rebellion, insurrection or imminent danger thereof, in aid of the civil authorities and in cases of disaster, and shall also include periods of field training or similar training or annual cruises when paid solely from state funds and no federal funds, pay or allowances are authorized and where no federal duty is involved, and shall not include any service in a paid or nonpaid federal training status.
(2) PERMANENT TOTAL DISABILITY and PERMANENT PARTIAL DISABILITY. The definitions set out in the applicable workers' compensation laws shall govern in cases arising under this section except as otherwise specified in this section.
(3) HEIRS OF THE DECEASED OR DEPENDENT. Dependents of the deceased, as defined in the applicable workers' compensation laws, if there be any such dependents. If there be no such dependents, then the term "heirs of the deceased" shall be as defined by the laws of descent and distribution, and, in such cases, the compensation payable shall be the same as provided for a dependent widow, and such compensation shall not be subject to the payment of the debts or liabilities of the deceased.
(e) Procedure. -The Adjutant General, with the approval of the Governor, will prescribe reasonable rules and regulations for the administration of the provisions of this section; provided, that each claim for compensation under subsections (b) and (c) of this section shall before payment be referred to a board of inquiry, composed of not less than one nor more than three officers, for investigation and recommendations, such board to be appointed by the Adjutant General either before or at the time any claim is presented. Service on such board shall be "in the active military or naval service of the state" and expenses of such board shall be paid out of the appropriation authorized in this chapter. Persons having or claiming an interest in the compensation payable under this section in any case shall be notified of the time and place of hearings of such board of inquiry and afforded an opportunity to be present and present evidence in support of their claims. All duties of the Adjutant General, Governor and other state officials and employees in connection with the payment of compensation due under this section shall be considered as "ministerial," except as to the manner of payment. Claims for compensation due under this section shall be forever barred unless presented to the Adjutant General within two years after the claim accrues, or within two years after the last payment of any benefits under this section, or unless mandamus proceedings have been commenced within such period of time and after the end of six months to enforce payment of benefits.
(f) Manner of payment. -All compensation, pay and expenses authorized under this section shall be paid from any moneys in the general treasury not otherwise appropriated; provided that the Director of Finance is authorized to reinsure the state's risk of liabilities under this section with the State Insurance Fund or any private insurance or bonding company authorized to do business in Alabama and to pay the premiums therefor out of any funds in the general treasury not otherwise appropriated. Pay due under subsection (a) of this section shall be paid monthly. Compensation payable under subsections (b) and (c) of this section shall be payable either monthly or in a lump sum, or both, at the discretion of the Adjutant General, with the approval of the Governor, and no discount shall be made in cases of payment in lump sums; provided that the Adjutant General, with the approval of the Governor, may at any time change the method of payment to a lump-sum payment; and provided further, that the board of inquiry investigating each case shall make recommendations as to manner of payment of compensation. Payments of compensation and expenses under this section shall be on itemized, verified vouchers approved by the Adjutant General and the Governor, supported by itemized invoices or receipts, and accompanied, in cases where a board of inquiry is required, by a certified copy of the report of the board of inquiry.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §115; Acts 1973, No. 1038, p. 1572, §86.)
