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 that occurred during the course of employment or activity as a peace officer or firefighter and is in the nature of workers' compensation.(3) COVID-19. Coronavirus disease 2019, for which the Governor declared a public health emergency on March 13, 2020, or any mutation or variant thereof that is declared a public health emergency under the Emergency Management Act.(4) 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.(5) 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 security, disaster relief, other emergency medical response activity, or participation in a training exercise that involved nonroutine stressful or strenuous physical activity; and the heart attack or stroke is suffered while still on that duty after so engaging or participating or not more than 24 hours after so engaging or participating.(6) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP). Emergency medical services personnel, as defined under Section 22-18-1, that are employed by the state or a county or municipality thereof.
(7) FIREFIGHTER or FIREFIGHTERS. A member or members of a paid or volunteer fire department of a city, town, county, or other subdivision of the state or of a public corporation organized for the purpose of providing water, water systems, fire protection services, or fire protection facilities in the state; and shall include the chief, assistant chief, wardens, engineers, captains, firefighters, and all other officers and employees of such departments who actually engage in fire fighting or in rendering first aid in case of drownings or asphyxiation at the scene of action. The term also includes a firefighter who is employed by the Alabama Forestry Commission and who has been certified by the State Forester as having met the wildland firefighter training standards of the National Wildfire Coordinating Group.(8) FIRST RESPONDER. The term includes firefighters, peace officers, rescue squad members, and emergency medical services personnel.(9) PEACE OFFICER. All sheriffs, deputy sheriffs, constables, municipal police officers, municipal policemen, state and town marshals, members of the highway patrol, state troopers, Alcoholic Beverage Control Board Enforcement Division agents, enforcement officers of the Public Service Commission, revenue agents, and persons who are required by law to comply with the provisions of the Peace Officers' Minimum Standards, employees of the Board of Corrections, highway camp guards, law enforcement officers of the Department of Conservation and Natural Resources, all law enforcement officers of the Alabama Forestry Commission, livestock theft investigators of the Department of Agriculture and Industries, Capitol security guards, narcotic agents and inspectors of the State Board of Health, any other state, county, or municipal officer engaged in quelling a riot, or civil disturbance, and university police officers.(10) RESCUE SQUAD MEMBER. A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment, or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. The term includes all commanders, officers, and members of organized rescue squads that are members of the Alabama Association of Rescue Squads.(b) For the purposes of this chapter, the following described individuals shall be conclusively presumed to be wholly dependent: (1) Spouse, unless it be shown that the spouse was voluntarily living apart from the first responder at the time of death, or unless it be shown that the first responder was not in any way contributing to the spouse's support and had not in any way contributed to the spouse's support for more than 12 months next preceding the occurrence of the injury causing death.(2) Minor children under the age of 19 years and those 19 years or more if physically and mentally incapacitated from earning.(3) Spouse, child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law who were wholly supported by a deceased first responder at the time of his or her death and for a reasonable period of time prior thereto shall be considered his or her dependents and payment of compensation may be made to them as hereinafter authorized.(c) If a first responder dies in a manner described in Section 36-30-2 and there are no designated beneficiaries, then the compensation shall be paid to his or her dependents or partial dependents in the manner prescribed by Section 36-30-3, and if there are none, the compensation shall be paid to his or her non-dependent children, and if there are none, the compensation shall be paid to his or her parents, and if there are none, the compensation shall be paid to the estate of the deceased.(d) Any member of the class named in subdivision (b)(3) who regularly derived part of his or her support from the earnings of the deceased first responder, as the case may be, at the time of his or her death and for a reasonable time immediately prior thereto shall be considered his or her partial dependent and payment of compensation may be made to the partial dependent as hereinafter authorized.Ala. Code § 36-30-1 (1975)
Amended by Act 2022-437,§ 1, eff. 7/1/2022.Amended by Act 2021-488,§ 2, eff. 5/21/2021.Amended by Act 2016-385,§ 1, eff. 8/1/2016.Acts 1966, Ex. Sess., No. 208, p. 256, §1; Acts 1967, No. 731, p. 1566, §1; Acts 1969, No. 1130, p. 2094, §1; Acts 1975, No. 1234, p. 2595, §1; Acts 1989, No. 89-742, p. 1471, §1; Acts 1991, No. 91-682, p. 1327, §1; Acts 1995, No. 95-559, p. 1168, §1; Act 2000-761, p. 1742, §1; Act 2002-519, p. 1346, §1; Act 2003-394, §1; Act 2006-426, p. 1054, §1; Act 2008-480, p. 1047, §2.