Section 36-30-2 - Deaths deemed compensable; compensation for total disability; amount of compensation(a)(1)a. In the event a first responder is killed, either accidentally or deliberately; or dies as a result of injuries received while engaged in the performance of his or her duties; or dies as a direct and proximate result of a heart attack or stroke; or within 14 calendar days after being required to report to his or her usual place of employment, he or she contracts COVID-19 between March 13, 2020, and December 31, 2022, as confirmed by a positive test or diagnosis by a licensed medical professional, and dies as a result of COVID-19 or complications therefrom, his or her beneficiaries or dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3.b. This subsection does not apply if the first responder's death was caused by the willful misconduct of the first responder or was due to his or her own intoxication or his or her willful failure or refusal to use safety appliances provided by his or her employer or his or her willful refusal or neglect to perform a statutory duty or any other willful violation of a law or his or her willful breach of a reasonable rule or regulation governing the performance of his or her duties or his or her employment of which rule or regulation he or she had knowledge. Notwithstanding the foregoing, for purposes of deaths caused by COVID-19, the dependents or beneficiaries of the deceased first responder shall be entitled to the compensation described in paragraph (a)(1)a. regardless of the first responder's vaccination status against COVID-19, and regardless of whether the first responder regularly wore masks or other filtration devices in the performance of his or her duties.(2) Any first responder whose death results proximately from an injury received while performing his or her duties, for the purposes of this article, shall be deemed to have been killed while in the performance of such duties. A volunteer firefighter or a member of an organized rescue squad who dies of cardiac arrest, cerebrovascular accident, or pulmonary edema within 24 hours after preparing to respond to a called emergency or responding to an emergency; or after serving in his or her capacity at an emergency; or after participating in a required physical training exercise shall be presumed to have died in the performance of his or her duties. If the State Health Officer determines from all available evidence that a volunteer firefighter, who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, has become totally disabled as a result of any injury received while engaged in the performance of his or her fire-fighting duties and the disability is likely to continue for more than 12 months from the date the injury is incurred, then the firefighter shall be entitled to receive disability compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3. The term total disability shall be interpreted to mean that the injured party is medically disabled to the extent that he or she cannot perform the duties of the job occupation or profession in which he or she was engaging at the time the injury was sustained. The State Health Officer may seek the assistance of any state agency in making the determination of disability and the state agencies shall cooperate with the State Health Officer in such regard. The State Health Officer shall render a decision within 30 days of the time a claim is filed. If such volunteer firefighter disagrees with any officer, he or she may appeal the determination to the State Board of Adjustment in accordance with such board's procedures for such appeals.(b) Beginning in calendar year 2009, the compensation amounts payable under this section shall be adjusted on January 1 of each year to reflect any increase during the preceding calendar year in the consumer price index as published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall equal the percentage change in the consumer price index during the preceding calendar year.(c) Any person who currently serves or previously served as a firefighter or law enforcement officer who dies as a result of a firefighter's occupational disease as defined in Section 11-43-144 or 36-30-40, or law enforcement officer's occupational disease as defined in Section 36-30-20 shall be qualified for a state death benefit as provided in subsection (a) as if the person died in the performance of his or her duties, provided he or she satisfies the three years' service requirement and physical examination requirements set forth in Section 11-43-144, 36-30-22, or 36-30-41, respectively.(d) Any application for the state death benefit that was submitted during the period from April 29, 2010, until May 27, 2015, and denied because the firefighter or law enforcement officer was no longer employed on the date of death may be resubmitted based on subsection (c) within six months of May 27, 2015, and reconsidered and granted by the awarding authority.(e) The provisions of this section as amended by Act 2021-488 shall be retroactive to any death covered by this chapter as amended after January 1, 2019.(f) The provisions of this section as amended by this act shall be retroactive to any death caused by COVID-19 covered by this chapter as amended between March 13, 2020, and December 31, 2022.Ala. Code § 36-30-2 (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.Amended by Act 2015-257,§ 1, eff. 5/28/2015.Acts 1966, Ex. Sess., No. 208, p. 256, §2; Acts 1980, No. 80-571, p. 884, §1: Acts 1984, No. 84-659, p. 1322, §1; Acts 1986, No. 86-524, p. 1015, §1; Acts 1989, No. 89-919, p. 1822, §1; Act 2006-426, p. 1054, §1; Act 2006-429, p. 1060, §1; Act 2008-480, p. 1047, §2; Act 2010-709, p. 1730, § 1.