Alabama 2025 Regular Session

Alabama Senate Bill SB1 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SB1ENROLLED~~
	1	+	SB1ENGROSSED
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3	3		SB1
4		-	~~W1VCNEE~~-2
	4	+	WQG35E5-2
5	5		By Senator Givhan
6	6		RFD: Finance and Taxation Education
7	7		First Read: 04-Feb-25
8	8		PFD: 21-May-24
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14		-	6 SB1 ~~Enrolled~~
	14	+	6 SB1 Engrossed
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16	16		PFD: 21-May-24
17		-	Enrolled, An Act,
	17	+	A BILL
	18	+	TO BE ENTITLED
	19	+	AN ACT
18	20		Relating to public education; to amend Section
19	21		16-1-18.1, Code of Alabama 1975; and to add Chapter 1A to
20	22		Title 16 of the Code of Alabama 1975, creating the Public
21	23		Education Employee Injury Compensation Program, the Public
22	24		Education Employee Injury Compensation Trust Fund, and the
23	25		Public Education Employee Injury Compensation Board; and to
24	26		provide compensation to full-time public education employees
25	27		who are injured on the job.
26	28		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27	29		Section 1. Section 16-1-18.1, Code of Alabama 1975, is
28	30		amended to read as follows:
29	31		"§16-1-18.1
30	32		(a) Definitions. When used in this section, the
31	33		following terms have the following meanings:
32	34		(1) EMPLOYEE. Any individual employed full full-time as
33		-	provided by law~~, or employed as an adult bus driver,~~ by those
34		-	~~employers enumerated in this section ;~~ and adult bus drivers .
	35	+	provided by law by those employers enumerated in this section ;
	36	+	and adult bus drivers.
35	37		(2) EMPLOYER. All public city and county boards of
36	38		education; the Board of Trustees of the Alabama Institute for
37	39		the Deaf and Blind; the Alabama Youth Services Department
38		-	District Board in its capacity as the Board of Education for
39		-	the Youth Services Department District; the Board of Directors
40		-	of the Alabama School of Fine Arts; the Board of Trustees of
41		-	the Alabama High School of Mathematics and Science; the Board
42		-	of Trustees of the Alabama School of Cyber Technology and
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	69	+	the Deaf and Blind; the Alabama Youth Services Department
	70	+	District Board in its capacity as the Board of Education for
	71	+	the Youth Services Department District; the Board of Directors
	72	+	of the Alabama School of Fine Arts; the Board of Trustees of
	73	+	the Alabama High School of Mathematics and Science; the Board
72	74		of Trustees of the Alabama School of Cyber Technology and
73	75		Engineering; for purposes of subsection (c) only, the Alabama
74	76		State Senate, the Lieutenant Governor, the Office of the
75	77		Senate President Pro Tempore, the Speaker of the House of
76	78		Representatives, the Alabama House of Representatives, the
77	79		Legislative Services Agency; any organization participating in
78	80		the Teachers' Retirement System, excluding any state
79	81		governmental department not listed herein; the Board of
80	82		Trustees of the Alabama Community College System; and for the
81	83		purposes of subsection (c) only, all or any four-year public
82	84		institutionsinstitution of higher learning.
83	85		(3) EXECUTIVE OFFICER. The superintendent of any public
84	86		county school system or any public city school system; the
85	87		President of the Alabama Institute for the Deaf and Blind; the
86	88		president of any two-year school or college under the auspices
87	89		of the Board of Trustees of the Alabama Community College
88	90		System; the Superintendent of the Department of Youth Services
89	91		School District; the Executive Director of the Alabama School
90	92		of Fine Arts; the Executive Director of the Alabama High
91	93		School of Mathematics and Science; the President of the
92	94		Alabama School of Cyber Technology and Engineering; the
93	95		Secretary of the Senate; the Clerk of the House of
94	96		Representatives; the Lieutenant Governor; the Speaker of the
95	97		House of Representatives; the Director of the Legislative
96		-	Services Agency; and the chief executive officer of any other
97		-	employer as provided in this section.
98		-	(4) ON-THE-JOB INJURY. Any accident or injury to the
99		-	employee arising out of and in the course of employment or
100		-	occurring during the performance of duties or when directed or
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	127	+	House of Representatives; the Director of the Legislative
	128	+	Services Agency; and the chief executive officer of any other
	129	+	employer as provided in this section.
	130	+	(4) ON-THE-JOB INJURY. Any accident or injury to the
	131	+	employee arising out of and in the course of employment or
130	132		occurring during the performance of duties or when directed or
131	133		requested by the employer to be on the property of the
132	134		employer which prevents the employee from working or returning
133	135		to his or her job . The term does not include a mental disorder
134	136		or mental injury that has neither been produced nor
135	137		proximately caused by some physical injury to the body.
136	138		(5) SICK LEAVE. The absence from duty by an employee as
137	139		a result of any of the following:
138	140		a. Personal illness or doctor's quarantine.
139	141		b. Incapacitating personal injury.
140	142		c. Attendance upon an ill member of the employee's
141	143		immediate family (parent, spouse, child, foster child
142	144		currently in the care and custody of the employee, sibling,
143	145		child currently in the care and custody of the employee for
144	146		whom a petition for adoption has been filed); or an individual
145	147		with a close personal tie.
146	148		d. Death in the family of the employee (parent, spouse,
147	149		child, sibling, parent-in-law, son-in-law, daughter-in-law,
148	150		brother-in-law, sister-in-law, nephew, niece, grandchild,
149	151		grandparent, uncle, or aunt).
150	152		e. Death, injury, or sickness of another individual who
151	153		has unusually strong personal ties to the employee, such as a
152	154		person who stood in loco parentis.
153	155		f. Attendance upon an adopted child , who is three years
154		-	of age or younger.
155		-	(b) Sick leave for employees.
156		-	(1) EARNINGS. The employee shall earn one sick leave
157		-	day per month of employment.
158		-	(2) REASONS FOR TAKING SICK LEAVE. The employee may
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	185	+	f. Attendance upon an adopted child , who is three years
	186	+	of age or younger.
	187	+	(b) Sick leave for employees.
	188	+	(1) EARNINGS. The employee shall earn one sick leave
	189	+	day per month of employment.
188	190		(2) REASONS FOR TAKING SICK LEAVE. The employee may
189	191		take sick leave for any of the reasons enumerated and defined
190	192		in this section. Sick leave taken for the purpose of attending
191	193		to an adopted child may be taken for a maximum of eight weeks ,
192	194		or 320 consecutive hours. Nothing in this section shall permit
193	195		an employee to use sick leave that he or she has not earned or
194	196		has not been donated.
195	197		(3) EMPLOYEE PAY WHILE ON SICK LEAVE. Reimbursement of
196	198		pay for the employee per day of sick leave shall be at the
197	199		daily rate of pay for the employee.
198	200		(c) Sick leave accumulation and transfers.
199	201		(1) An employee may accumulate an unlimited number of
200	202		sick leave days. Earned sick leave days that have been accrued
201	203		by an employee shall be transferrable from one employer to
202	204		another. The executive officer of the employer shall ensure
203	205		that certification of the number of unused sick leave days is
204	206		provided to the new employer when an employee transfers
205	207		employment. All of the earned and unused sick leave days that
206	208		an employee has accumulated shall be transferred to the new
207	209		employer for use by the employee as provided by law. However,
208	210		for purposes of applying accrued sick leave as credit for
209	211		retirement purposes, an employee is limited to a maximum of
210	212		sick leave as authorized in subdivision (b)(1). As pertains to
211	213		receiving retirement credit for accrued sick leave, the
212		-	Teacher'sTeachers' Retirement System Board of Control may
213		-	adopt policies and procedures necessary to effectuate a
214		-	uniform policy pursuant to this section.
215		-	(2) Employees of the Alabama State Senate, the
216		-	Lieutenant Governor, the Office of the Senate President Pro
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	243	+	receiving retirement credit for accrued sick leave, the
	244	+	Teacher'sTeachers' Retirement System Board of Control may
	245	+	adopt policies and procedures necessary to effectuate a
	246	+	uniform policy pursuant to this section.
	247	+	(2) Employees of the Alabama State Senate, the
246	248		Lieutenant Governor, the Office of the Senate President Pro
247	249		Tempore, the Speaker of the House of Representatives, the
248	250		Alabama House of Representatives, and the Legislative Services
249	251		Agency may only accrue unlimited sick leave under this section
250	252		until January 1, 2013. On January 1, 2013, an employee subject
251	253		to this section may carry over only the actual number of sick
252	254		leave hours the employee has or the number allowed under
253	255		Section 36-26-36, whichever is greater. After January 1, 2013,
254	256		sick leave earned by an employee subject to this section in
255	257		excess of the amount determined on January 1, 2013, is subject
256	258		to Section 36-26-36(d).
257	259		(d) On-the-job injury. The following
258	260		regulationspolicies, procedures, and rights are established
259	261		pertaining to employees who are injured while on the job:
260	262		(1) NOTICE OF INJURY. a. The employee shall make proper
261	263		notification provide written notice of the injury to an
262	264		immediate supervisor, the executive officer, or to the
263	265		principal of the school, if applicable, within 24 hours five
264	266		working days after the injury occurred, or where the employee
265	267		has died or is not clinically able to make notification,
266	268		another person who is reasonably knowledgeable may make the
267	269		notification of the injury within 30 days of the date of the
268	270		injury.
269	271		b. Other notification procedures and forms shall be as
270		-	established by written policy of the employer.
271		-	(2) PHYSICIAN CERTIFICATION. The employer may require
272		-	medical certification from the employee's physician that the
273		-	employee was injured and cannot return to work as a result of
274		-	the injury. The executive officer, at his or her discretion,
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	301	+	b. Other notification procedures and forms shall be as
	302	+	established by written policy of the employer.
	303	+	(2) PHYSICIAN CERTIFICATION. The employer may require
	304	+	medical certification from the employee's physician that the
	305	+	employee was injured and cannot return to work as a result of
304	306		the injury. The executive officer, at his or her discretion,
305	307		may require a second opinion from another physician at the
306	308		expense of the employer. The employer may require a statement
307	309		from the physician that there is a reasonable expectation that
308	310		the employee will be able to return to work. A uniform
309	311		physician certification form shall be adopted by the State
310	312		Board of Education and distributed to each executive officer.
311	313		(3) SALARY CONTINUED. Upon determination by the
312	314		executive officer that an employee has been injured on the job
313	315		and cannot return to work as a result of the injury, the
314	316		salary and fringe benefits of the employee shall be continued
315	317		for a period of up to 90 working days consistent with the
316	318		employee's injury and the subsequent absence from work
317	319		resulting from the injury. This provision shall apply to the
318	320		temporary disability of the employee as applicable to the
319	321		job-related injury.
320	322		(4) EXTENSION OF DAYS. The employer may adopt a written
321	323		policy to extend the 90-day sick leave period for on-the-job
322	324		injuries. Additional job-on-the-job injury policies may be
323	325		adopted by the employer if the policies do not conflict with
324	326		the this section.
325	327		(5) REIMBURSEMENT TO EMPLOYER. Any reasonable
326	328		on-the-job injury costs incurred by the employer , to hire a
327	329		substitute, per absent injured employee in a fiscal year shall
328		-	be reimbursed to the employer by the state during the next
329		-	succeeding fiscal year upon application by the employer to the
330		-	appropriate State Board of Education department on a form
331		-	adopted by the state board, not to exceed 90 working days. The
332		-	department shall subsequently submit the request to the
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	359	+	substitute, per absent injured employee in a fiscal year shall
	360	+	be reimbursed to the employer by the state during the next
	361	+	succeeding fiscal year upon application by the employer to the
	362	+	appropriate State Board of Education department on a form
	363	+	adopted by the state board, not to exceed 90 working days. The
362	364		department shall subsequently submit the request to the
363	365		Legislature as a line-item in its budget request for
364	366		reimbursement to the employer, and, if approved by the
365	367		Legislature, shall reimburse the employer at the amount per
366	368		day for sick leave authorized and funded in the annual budget
367	369		act for public schools and colleges.
368	370		(6) EMPLOYEE'S SICK LEAVE. Sick leave shall not be
369	371		deducted from the employee's account if absence from work is
370	372		found to be a result of an on-the-job injury.
371	373		(7) ADDITIONAL EXPENSES. Any unreimbursed medical
372		-	expenses and costs ,For any employee not covered under Chapter
373		-	1A, the Maryann Leonard Educators' On-The-Job Injury Act, any
374		-	unreimbursed medical expense or cost that the employee incurs
375		-	as a result of an on-the-job injury may be filed for
376		-	reimbursement with the State Board of Adjustment.
	374	+	expenses and costs , not otherwise reimbursed under Chapter 1A,
	375	+	the Mary Anne Leonard Educators' On-The-Job Injury Act, that
	376	+	the employee incurs as a result of an on-the-job injury may be
	377	+	filed for reimbursement with the State Board of Adjustment.
377	378		Reimbursement to the employee shall be determined by the Board
378	379		of Adjustment's policies, rules, and regulations which may be
379	380		adopted from time to time. The Board of Adjustment shall adopt
380	381		appropriate rules, regulations, and forms for submission by
381	382		the employee.
382		-	(8) The For any employee not covered under Chapter 1A,
383		-	the Maryann Leonard Educators' On-The-Job Injury Act, the
384		-	executive officer, or his or her designee, shall inform the
385		-	employee who is injured on the job of his or her rights about
386		-	appearing before the Board of Adjustment and also aboutthe
387		-	applicable written policies within 30seven calendar days after
388		-	notification of the injury.
389		-	(e) Vacations and leaves of absences. The employer,
390		-	under the rules and regulations policies adopted from time to
	383	+	(8) The executive officer, or his or her designee,
	384	+	shall inform the employee who is injured on the job of his or
	385	+	her rights about appearing before the Board of Adjustment , as
	386	+	well as under Chapter 1A, the Mary Anne Leonard Educators'
	387	+	On-The-Job Injury Act, and also aboutthe applicable written
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	417	+	On-The-Job Injury Act, and also aboutthe applicable written
	418	+	policies within 30seven calendar days after notification of
	419	+	the injury.
	420	+	(e) Vacations and leaves of absences. The employer,
420	421		under the rules and regulations policies adopted from time to
421	422		time by the State Board of Education, may provide for paid
422	423		leaves of absences and vacations for its employees. Payment
423	424		may be from public funds. The employer may provide for leaves
424	425		of absence during the times the schools are, or are not, in
425	426		session when the teacher or employee devotes the leave to
426	427		instructing in or attending schools for appropriate training,
427	428		or when approved by the State Board of Education as beneficial
428	429		to the state's educational objectives. The employer may also
429	430		provide for the payment of any full-time teachers or employees
430	431		for absences during the time schools are in session when the
431	432		absence results from an unavoidable cause that prevents the
432	433		teacher or employee from discharging his or her duties. Pay
433	434		for the absences resulting from unavoidable causes other than
434	435		sickness shall not be allowed for a longer time than one week
435	436		during any one scholastic year.
436	437		(f) Alabama Community College System annual leave. As
437	438		applied to Alabama Community College System employers, any
438	439		employee who earns and accumulates annual leave may accumulate
439	440		up to 60 days of annual leave at a rate not to exceed that
440	441		provided in the policy established by the State Board of
441	442		Education.
442	443		(g) Policies. The policies and procedures required and
443	444		permitted by this section shall be adopted by the employer
444	445		consistent with and as required by Section 16-1-30."
445		-	Section 2. Chapter 1A is added to Title 16 of the Code
446		-	of Alabama 1975, to read as follows:
447		-	§16-1A-1
448		-	This chapter shall be known and cited as the Maryann
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478		-	This chapter shall be known and cited as the Maryann
	475	+	consistent with and as required by Section 16-1-30."
	476	+	Section 2. Chapter 1A is added to Title 16 of the Code
	477	+	of Alabama 1975, to read as follows:
	478	+	§16-1A-1
	479	+	This chapter shall be known and cited as the Mary Anne
479	480		Leonard Educators' On-The-Job Injury Act.
480	481		§16-1A-2
481	482		As used in this chapter, the following terms have the
482	483		following meanings:
483	484		(1) BOARD. The Public Education Employee Injury
484	485		Compensation Board.
485	486		(2) EMPLOYEE. Any individual employed full-time as
486	487		provided by law by those employers enumerated in this section
487	488		and adult bus drivers.
488	489		(3) EMPLOYER. All public city and county boards of
489	490		education; all public charter schools; the Board of Trustees
490	491		of the Alabama Community College System; the Board of Trustees
491	492		of the Alabama Institute for the Deaf and Blind; the Board of
492	493		Directors of the Alabama School of Fine Arts; the Board of
493	494		Trustees of the Alabama High School of Mathematics and
494	495		Science; the Board of Trustees of the Alabama School of Cyber
495	496		Technology and Engineering; and the Board of Trustees of the
496	497		Alabama School of Healthcare Sciences.
497	498		(4) EXECUTIVE OFFICER. The superintendent of any public
498	499		county school system or any public city school system; the
499	500		principal of any public charter school; the President of the
500	501		Alabama Institute for the Deaf and Blind; the president of any
501	502		two-year school or college under the auspices of the Board of
502	503		Trustees of the Alabama Community College System; the
503		-	Executive Director of the Alabama School of Fine Arts; the
504		-	Executive Director of the Alabama High School of Mathematics
505		-	and Science; the President of the Alabama School of Cyber
506		-	Technology and Engineering; the President of the Alabama
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533	530		251
534		-	252 SB1 ~~Enrolled~~
	531	+	252 SB1 Engrossed
535	532		Page 10
	533	+	Trustees of the Alabama Community College System; the
	534	+	Executive Director of the Alabama School of Fine Arts; the
	535	+	Executive Director of the Alabama High School of Mathematics
	536	+	and Science; the President of the Alabama School of Cyber
536	537		Technology and Engineering; the President of the Alabama
537	538		School of Healthcare Sciences; and the chief executive officer
538	539		of any other employer.
539	540		(5) FUND. The Public Education Employee Injury
540	541		Compensation Trust Fund.
541	542		(6) ON-THE-JOB INJURY. Any accident or injury to an
542	543		employee arising out of and in the course of employment or
543	544		occurring during the performance of duties. The term does not
544	545		include a mental disorder or mental injury that has neither
545	546		been produced nor proximately caused by some physical injury
546	547		to the body.
547	548		(7) PEEHIP. The Public Education Employees' Health
548	549		Insurance Plan.
549	550		(8) PROGRAM. The Public Education Employee Injury
550	551		Compensation Program.
551	552		(9) REVIEW BOARD. The Public Education Employee Injury
552	553		Compensation Program Review Board, a panel composed of three
553	554		persons designated by the board to hear and consider claims by
554	555		employees who disagree with the determination by their
555	556		employer or its agent or service company as to the employee's
556	557		entitlement to compensation and medical benefits under this
557	558		program and to approve settlements, including lump sum
558	559		settlements, as well as settlements closing some or all
559	560		benefits, when agreed to by the parties and permitted by the
560	561		program. No member or employee of the board may be a member of
561		-	the review board.
562		-	(10) TPA. Third-party administrator or adjuster.
563		-	§16-1A-3
564		-	(a) The following policies, procedures, and rights are
565	562		253
566	563		254
567	564		255
568	565		256
569	566		257
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586	583		274
587	584		275
588	585		276
589	586		277
590	587		278
591	588		279
592		-	280 SB1 ~~Enrolled~~
	589	+	280 SB1 Engrossed
593	590		Page 11
	591	+	program. No member or employee of the board may be a member of
	592	+	the review board.
	593	+	(10) TPA. Third-party administrator or adjuster.
	594	+	§16-1A-3
594	595		(a) The following policies, procedures, and rights are
595	596		established pertaining to employees who are injured while on
596	597		the job:
597	598		(1) The employee shall provide written notice of the
598	599		injury to an immediate supervisor or the executive officer
599	600		within five working days after the injury occurred, or where
600	601		the employee has died or is not clinically able to make
601	602		notification, another individual who is reasonably
602	603		knowledgeable may make the notification of the injury within
603		-	90 days of the date of the injury. The board may adopt rules
	604	+	30 days of the date of the injury. The board may adopt rules
604	605		to further provide for the notice requirements under this
605	606		subdivision.
606	607		(2) The board shall adopt uniform injury reporting
607	608		forms. The employer shall distribute the forms to the
608	609		institutions under his or her supervision. The employer shall
609	610		prepare the first report of injury form and the employee shall
610	611		sign the completed injury report form. The employer shall then
611	612		forward the employee-signed form to the Public Education
612	613		Employee Injury Compensation Board.
613	614		(3) Other notification procedures may be established by
614	615		written policy of the employer but shall not supersede
615	616		notification procedures established by the board or this
616	617		chapter.
617	618		(b) There is established a separate special trust fund
618	619		in the State Treasury to be known as the Public Education
619		-	Employee Injury Compensation Trust Fund. All receipts
620		-	collected pursuant to this chapter shall be deposited in this
621		-	fund and used to carry out this chapter. Monies in the fund
622		-	unspent or unencumbered at the end of each fiscal year shall
623	620		281
624	621		282
625	622		283
626	623		284
627	624		285
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629	626		287
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645	642		303
646	643		304
647	644		305
648	645		306
649	646		307
650		-	308 SB1 ~~Enrolled~~
	647	+	308 SB1 Engrossed
651	648		Page 12
	649	+	in the State Treasury to be known as the Public Education
	650	+	Employee Injury Compensation Trust Fund. All receipts
	651	+	collected pursuant to this chapter shall be deposited in this
	652	+	fund and used to carry out this chapter. Monies in the fund
652	653		unspent or unencumbered at the end of each fiscal year shall
653	654		not revert to any other fund in the State Treasury but shall
654	655		be carried forward to the succeeding fiscal year. All monies
655	656		in the fund may be invested and reinvested by the board. Any
656	657		monetary interest that accrues in the fund shall be retained
657	658		in the fund from year to year.
658	659		(c)(1) The program shall be governed by this chapter.
659	660		(2) Payments shall be made by PEEHIP pursuant to this
660	661		chapter to physicians licensed to practice medicine or other
661	662		medical providers for services to injured employees and shall
662	663		be in accordance with the schedule of maximum fees as
663		-	established by PEEHIP. The board, in its sole discretion, may
664		-	designate and authorize a licensed physician to perform an
665		-	Independent Medical Examination, or IME, of the employee to
666		-	assess an injured employee's physical or mental condition;
667		-	provided, that any physician designated by the board to
668		-	perform an IME shall be paid for by the board and not by
669		-	PEEHIP.
	664	+	established by PEEHIP.
670	665		(3) An employee must use an authorized treating
671	666		physician covered by PEEHIP. For employees who do not
672	667		participate in PEEHIP, the board shall adopt rules for
673	668		selecting authorized treating physicians or other medical
674	669		providers and shall adopt rules for employees who dispute
675		-	treatment by an authorized treating physician. The board shall
676		-	reimburse such injured employees for copayments and
677		-	deductibles not paid for by PEEHIP; provided, that the board
678		-	shall not be required to pay such copayments or deductibles
679		-	for any medical treatment or attention, physical
680		-	rehabilitation, medicine, medical or surgical supplies,
	670	+	treatment by an authorized treating physician.
	671	+	(4) Any rules adopted by the board to establish and
	672	+	operate the program shall be subject to the Alabama
	673	+	Administrative Procedure Act.
	674	+	(d) Nothing in this chapter shall be construed to
	675	+	affect any benefit to which an employee is entitled under this
	676	+	title.
	677	+	(e) Sufficient appropriations to the fund for full
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706	703		334
707	704		335
708		-	336 SB1 ~~Enrolled~~
	705	+	336 SB1 Engrossed
709	706		Page 13
710		-	rehabilitation, medicine, medical or surgical supplies,
711		-	crutches, artificial members, or other apparatus, other than
712		-	as may be reasonably necessary and otherwise owed under the
713		-	Alabama Workers' Compensation Act. The board shall have the
714		-	absolute discretion to select an authorized treating physician
715		-	and shall not be responsible to reimburse any physician not so
716		-	authorized. If the employee is dissatisfied with the initial
717		-	treating physician selected by the board, and if further
718		-	treatment is required, the employee may so advise the board
719		-	and the employee shall be entitled to a second physician from
720		-	a panel or a list of four physicians selected by the board.
721		-	The intent of this subdivision is that the board and the
722		-	employee shall act in compliance with Section 25-5-77.
723		-	(4) Any rules adopted by the board to establish and
724		-	operate the program shall be subject to the Alabama
725		-	Administrative Procedure Act.
726		-	(d) Nothing in this chapter shall be construed to
727		-	affect any benefit to which an employee is entitled under this
728		-	title.
729	707		(e) Sufficient appropriations to the fund for full
730	708		coverage shall be considered a mandate for local boards of
731	709		education to participate in the program pursuant to Section
732	710		25-5-50(d).
733	711		§16-1A-4
734	712		(a) The Public Education Employee Injury Compensation
735	713		Board shall be comprised of the following members:
736	714		(1) One member appointed by the Governor.
737	715		(2) One member appointed by the President Pro Tempore
738	716		of the Senate.
	717	+	(3) One member appointed by Speaker of the House of
	718	+	Representatives.
	719	+	(4) One member appointed on an alternating basis by the
	720	+	Minority Leaders of the Senate and the House of
	721	+	Representatives, with the Senate Minority Leader appointing
	722	+	first.
	723	+	(5) One member shall be the Director of the Workers'
	724	+	Compensation Division of the Alabama Department of Labor.
	725	+	(b)(1) The terms of the board members shall be
	726	+	staggered so that the initial appointees of the Speaker of the
	727	+	House and the Minority Leader of the Senate shall serve two
	728	+	years, with their successors serving a term of three years.
	729	+	All other appointed members shall serve an initial term of
	730	+	three years, and the successor shall serve a term of three
	731	+	years. No appointed member may serve more than two consecutive
	732	+	terms.
	733	+	(2) A board member shall serve until his or her
	734	+	successor is appointed.
	735	+	(3) The appointing authorities shall coordinate their
739	736		337
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765	762		363
766		-	364 SB1 ~~Enrolled~~
	763	+	364 SB1 Engrossed
767	764		Page 14
768		-	of the Senate.
769		-	(3) One member appointed by Speaker of the House of
770		-	Representatives.
771		-	(4) One member appointed on an alternating basis by the
772		-	Minority Leaders of the Senate and the House of
773		-	Representatives, with the Senate Minority Leader appointing
774		-	first.
775		-	(5) One member shall be the Director of the Workers'
776		-	Compensation Division of the Alabama Department of Workforce.
777		-	(b)(1) The terms of the board members shall be
778		-	staggered so that the initial appointees of the Speaker of the
779		-	House and the Minority Leader of the Senate shall serve two
780		-	years, with their successors serving a term of three years.
781		-	All other appointed members shall serve an initial term of
782		-	three years, and the successor shall serve a term of three
783		-	years. No appointed member may serve more than two consecutive
784		-	terms.
785		-	(2) A board member shall serve until his or her
786		-	successor is appointed.
787	765		(3) The appointing authorities shall coordinate their
788		-	appointments to ~~ensure~~ that the membership of the board is
	766	+	appointments to assure that the membership of the board is
789	767		inclusive and reflects the racial, gender, geographic, urban,
790	768		rural, and economic diversity of the state. The appointing
791	769		authorities shall coordinate to ensure that at least one
792	770		member of the board has experience and familiarity with
793	771		workers' compensation.
794	772		(c) Initial appointments to the board shall be made by
795	773		the appointing authority on or before July 1, 2025.
796	774		(d) Members of the board shall receive no compensation
	775	+	but shall be reimbursed by the fund for travel and per diem
	776	+	expenses at the same rate and in the same manner as state
	777	+	employees.
	778	+	(e) The board shall have all of the following duties:
	779	+	(1) To administer the programs, including, but not
	780	+	limited to, establishing or contracting with a TPA to oversee
	781	+	benefits paid to employees and coordinate with PEEHIP. A
	782	+	contract for services of a TPA shall be procured pursuant to
	783	+	Article 5 of Chapter 4 of Title 41, without regard to
	784	+	exemptions. The TPA, whether contracted or otherwise
	785	+	established, shall have no business or administrative
	786	+	relationship with any education association in Alabama,
	787	+	directly or indirectly.
	788	+	(2) To manage the fund to ensure that adequate funds
	789	+	are maintained to provide all injury program benefits to
	790	+	employees.
	791	+	(3) To provide reasonable compensation for hearing
	792	+	officers who hear any dispute arising under this chapter.
	793	+	(4) To employ professional, clerical, technical, and
797	794		365
798	795		366
799	796		367
800	797		368
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819	816		387
820	817		388
821	818		389
822	819		390
823	820		391
824		-	392 SB1 ~~Enrolled~~
	821	+	392 SB1 Engrossed
825	822		Page 15
826		-	(d) Members of the board shall receive no compensation
827		-	but shall be reimbursed by the fund for travel and per diem
828		-	expenses at the same rate and in the same manner as state
829		-	employees.
830		-	(e) The board shall have all of the following duties:
831		-	(1) To administer the programs, including, but not
832		-	limited to, establishing or contracting with a TPA to oversee
833		-	benefits paid to employees and coordinate with PEEHIP. A
834		-	contract for services of a TPA shall be procured pursuant to
835		-	Article 5 of Chapter 4 of Title 41, without regard to
836		-	exemptions. The TPA, whether contracted or otherwise
837		-	established, shall have no business or administrative
838		-	relationship with any education association in Alabama,
839		-	directly or indirectly.
840		-	(2) To manage the fund to ensure that adequate funds
841		-	are maintained to provide all injury program benefits to
842		-	employees.
843		-	(3) To provide reasonable compensation for hearing
844		-	officers who hear any dispute arising under this chapter.
845	823		(4) To employ professional, clerical, technical, and
846	824		administrative staff as the board may determine necessary to
847	825		carry out its duties and compensate staff accordingly.
848	826		(5) To secure insurance, reinsurance, or other products
849	827		the board deems advisable in carrying out its duties.
850	828		(6) To retain and compensate legal counsel to represent
851	829		the board, employers, the fund, the program, and TPA
852	830		including, but not limited to, appearing before hearing
853	831		officers or judges in contested cases.
854	832		(f) Except as otherwise required by the Health
	833	+	Insurance Portability and Accountability Act, 42 U.S.C. §
	834	+	1320d et seq., the board shall be subject to all applicable
	835	+	open meetings and open records laws, shall adopt rules in
	836	+	accordance with the Alabama Administrative Procedure Act, and
	837	+	shall have a fiduciary duty to the fund and the program.
	838	+	§16-1A-5
	839	+	(a) There is established the Public Education Employee
	840	+	Injury Compensation Program.
	841	+	(b)(1) Except as provided in this section, the program
	842	+	implemented pursuant to this section shall not be subject to
	843	+	the provisions of Chapter 5 of Title 25, or its successor,
	844	+	otherwise known as the Alabama Workers' Compensation Act.
	845	+	(2) Notwithstanding subdivision (1), if an employee is
	846	+	subject to this chapter then compensation, in accordance with
	847	+	the Alabama Workers' Compensation Act, shall be paid by the
	848	+	Public Education Employee Injury Compensation Trust Fund, as
	849	+	established under this chapter, in accordance with the
	850	+	statutes, provisions, defenses, and calculation methods set
	851	+	forth in the Alabama Workers' Compensation Act and any case
855	852		393
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877	874		415
878	875		416
879	876		417
880	877		418
881	878		419
882		-	420 SB1 ~~Enrolled~~
	879	+	420 SB1 Engrossed
883	880		Page 16
884		-	(f) Except as otherwise required by the Health
885		-	Insurance Portability and Accountability Act, 42 U.S.C. §
886		-	1320d et seq., the board shall be subject to all applicable
887		-	open meetings and open records laws, shall adopt rules in
888		-	accordance with the Alabama Administrative Procedure Act, and
889		-	shall have a fiduciary duty to the fund and the program.
890		-	§16-1A-5
891		-	(a) There is established the Public Education Employee
892		-	Injury Compensation Program.
893		-	(b)(1) Except as provided in this section, the program
894		-	implemented pursuant to this section shall not be subject to
895		-	the provisions of Chapter 5 of Title 25, or its successor,
896		-	otherwise known as the Alabama Workers' Compensation Act.
897		-	(2) Notwithstanding subdivision (1), if an employee is
898		-	subject to this chapter then compensation, in accordance with
899		-	the Alabama Workers' Compensation Act, shall be paid by the
900		-	Public Education Employee Injury Compensation Trust Fund, as
901		-	established under this chapter, in accordance with the
902		-	statutes, provisions, defenses, and calculation methods set
903	881		forth in the Alabama Workers' Compensation Act and any case
904	882		law interpreting the same.
905	883		(c)(1) For injured employees covered by PEEHIP,
906	884		payments made to physicians licensed to practice medicine or
907	885		other medical providers for services to injured employees
908	886		shall be paid by PEEHIP in accordance with the PEEHIP fee
909		-	schedule. The board shall reimburse such injured employees for
910		-	copayments and deductibles not paid for by PEEHIP; provided,
911		-	that board shall not be required to pay such copayments or
912		-	deductibles for any medical treatment or attention, physical
	887	+	schedule.
	888	+	(2) For injured employees not covered by PEEHIP, the
	889	+	board shall provide medical treatment for an on-the-job
	890	+	injury. Payments made under this subdivision shall be in
	891	+	accordance with the schedule of maximum fees as established
	892	+	under Section 25-5-313, or as otherwise permitted under
	893	+	Section 25-5-314.
	894	+	(d)(1) All undisputed medical reimbursements or
	895	+	payments shall be made within 25 working days of receipt of
	896	+	claims in the form specified in Section 25-5-3.
	897	+	(2) An amount equal to 10 percent of any unpaid balance
	898	+	shall be added to any undisputed medical invoice which is not
	899	+	paid within 25 working days.
	900	+	(e) Any regulation, policy, or program directive for
	901	+	the conduct of utilization review, bill screenings, and
	902	+	medical necessity determinations related to services provided
	903	+	by physicians licensed to practice medicine shall comply with
	904	+	the rules adopted by the Workers' Compensation Medical
	905	+	Services Board under Section 25-5-312.
	906	+	(f) Any rules adopted by the board shall be subject to
	907	+	the Alabama Administrative Procedure Act, and a final
	908	+	determination as to benefits payable under the program shall
	909	+	be subject to review by the Circuit Court in Montgomery County
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940		-	448 SB1 ~~Enrolled~~
	937	+	448 SB1 Engrossed
941	938		Page 17
942		-	~~deductibles for any medical treatment or attention,~~ ~~physical~~
943		-	~~rehabilitation, medicine,~~ ~~medical or surgical supplies,~~
944		-	~~crutches, artificial members, or other apparatus, other than~~
945		-	~~as may be reasonably necessary and otherwise owed under the~~
946		-	~~Alabama Workers'~~ ~~Compensation Act.~~
947		-	~~(2) For injured employees not covered by PEEHIP, the~~
948		-	board shall ~~provide payments~~ for ~~medical treatment for an~~
949		-	~~on-the-job injury.~~ The ~~liability~~ of ~~the board for payment of~~
950		-	~~services rendered by physicians,~~ ~~as well as any other medical~~
951		-	~~services, shall not exceed the maximum fees established~~ under
952		-	~~Section 25-5-313~~. ~~Employees shall not be liable to physicians,~~
953		-	~~or for any other medical services,~~ ~~for any amount in excess of~~
954		-	~~the schedule of maximum fees~~ established under Section
955		-	~~25-5-313~~, ~~and consistent with Section 25-5-314. This language~~
956		-	~~shall not prohibit the board from negotiating~~ any ~~rates, fees,~~
957		-	or ~~levels of reimbursement which shall be mutually agreed upon~~
958		-	~~between~~ the ~~physicians, hospitals,~~ any ~~other healthcare~~
959		-	~~providers, and~~ the ~~board.~~
960		-	~~(d)(1) All undisputed medical reimbursements or~~
961		-	~~payments shall be made within 25 working days of receipt of~~
962		-	~~claims in the form specified in Section 25-5-3.~~
963		-	~~(2) An amount equal to 10 percent of any unpaid balance~~
964		-	~~shall be added to any undisputed medical invoice which is not~~
965		-	~~paid within 25 working days~~.
966		-	~~(e) Any regulation, policy, or program directive for~~
967		-	~~the conduct of utilization review,~~ ~~bill screenings,~~ and
968		-	~~medical necessity determinations related to services provided~~
969		-	~~by physicians licensed~~ to ~~practice medicine~~ shall ~~comply with~~
970		-	~~the rules adopted by the Workers'~~ ~~Compensation Medical~~
	939	+	be subject to review by the Circuit Court in Montgomery County
	940	+	in the manner prescribed by the Alabama Administrative
	941	+	Procedure Act.
	942	+	(g) Employers shall continue to make all required
	943	+	health insurance contributions until any separation from
	944	+	employment.
	945	+	(h) The board shall establish procedures for employers
	946	+	to be reimbursed by the fund for the costs of an employee's
	947	+	compensation and benefits under this chapter; except for
	948	+	salary and benefits provided by employers under Section
	949	+	16-1-18.1.
	950	+	(i) PEEHIP and the Public Education Employee Injury
	951	+	Compensation Trust Fund established under Section 16-1A-3, as
	952	+	to their respective payments, may subrogate, seek
	953	+	reimbursement, or seek credit for any amount paid to an
	954	+	injured employee under the program from any third party, or
	955	+	the employee's insurer, responsible for the injury. Any action
	956	+	to recover shall be filed in the Circuit Court of Montgomery
	957	+	County.
	958	+	(j) Any on-the-job injuries suffered by individuals not
	959	+	covered by this chapter, such as part-time, substitute,
	960	+	temporary, non-full-time employees and volunteers, shall be
	961	+	conducted in accordance with the Board of Adjustment process
	962	+	outlined in Article 4 of Chapter 9 of Title 41.
	963	+	§16-1A-6
	964	+	(a) An employer who refuses to complete and submit an
	965	+	injury report form after timely notice of an injury by an
	966	+	employee pursuant to this chapter shall provide notice in
	967	+	writing of its findings of fact that support its decision. An
971	968		449
972	969		450
973	970		451
974	971		452
975	972		453
976	973		454
977	974		455
978	975		456
979	976		457
980	977		458
981	978		459
982	979		460
983	980		461
984	981		462
985	982		463
986	983		464
987	984		465
988	985		466
989	986		467
990	987		468
991	988		469
992	989		470
993	990		471
994	991		472
995	992		473
996	993		474
997	994		475
998		-	476 SB1 ~~Enrolled~~
	995	+	476 SB1 Engrossed
999	996		Page 18
1000		-	~~the rules adopted by the Workers'~~ ~~Compensation Medical~~
1001		-	~~Services Board under Section 25-5-312.~~
1002		-	~~(f) Any rules adopted by the board shall be subject to~~
1003		-	the ~~Alabama Administrative Procedure Act,~~ ~~and a final~~
1004		-	~~determination as to benefits payable~~ under ~~the program shall~~
1005		-	~~be subject to review by the Circuit Court in Montgomery County~~
1006		-	in the ~~manner prescribed by the Alabama Administrative~~
1007		-	~~Procedure Act~~.
1008		-	(g) ~~Employers shall continue to make all required~~
1009		-	~~health insurance contributions until any separation from~~
1010		-	~~employment.~~
1011		-	~~(h)~~ The ~~board shall establish procedures for employers~~
1012		-	~~to be reimbursed by~~ the ~~fund for the costs of an employee's~~
1013		-	~~compensation and benefits under this chapter;~~ ~~except for~~
1014		-	~~salary and benefits~~ provided ~~by employers under~~ Section
1015		-	~~16-1-18.1.~~
1016		-	~~(i) PEEHIP and the Public Education Employee Injury~~
1017		-	~~Compensation Trust Fund established under Section 16-1A-3, as~~
1018		-	to ~~their respective payments,~~ ~~may subrogate,~~ ~~seek~~
1019		-	~~reimbursement~~, ~~or seek credit for any amount paid to an~~
1020		-	~~injured employee under the program from any third~~ party~~, or~~
1021		-	the ~~employee's insurer,~~ ~~responsible for the injury.~~ ~~Any action~~
1022		-	~~to recover shall be filed in~~ the ~~Circuit Court of Montgomery~~
1023		-	~~County.~~
1024		-	~~(j) Any on-~~the~~-job injuries suffered by individuals not~~
1025		-	~~covered by this chapter,~~ ~~such as part-time, substitute,~~
1026		-	~~temporary, non-full-time employees and volunteers,~~ ~~shall be~~
1027		-	~~conducted in accordance with~~ the ~~Board~~ of ~~Adjustment process~~
1028		-	~~outlined in Article 4~~ of ~~Chapter 9 of Title 41~~.
	997	+	writing of its findings of fact that support its decision. An
	998	+	employee may challenge the employer's decision pursuant to the
	999	+	dispute resolution provisions of this section.
	1000	+	(b)(1) The employer's executive officer or the board
	1001	+	shall refer any dispute that arises under this chapter between
	1002	+	an employee and employer or between an employee and a TPA
	1003	+	contracted with or established under this chapter to the
	1004	+	review board.
	1005	+	(2) Notwithstanding subdivision (1), if an employee,
	1006	+	employer, or TPA requests a hearing officer, the dispute shall
	1007	+	be referred to and adjudicated by a hearing officer appointed
	1008	+	from the panel of neutrals maintained by the Executive
	1009	+	Director of the Alabama State Bar Association pursuant to
	1010	+	Section 16-24C-6(e). The hearing officer shall be selected
	1011	+	using the same process provided in Section 16-24C-6(g).
	1012	+	(3) The hearing officer selected must certify that he
	1013	+	or she has experience in adjudicating workers' compensation
	1014	+	disputes or refer the matter back to the state bar association
	1015	+	to repeat the selection process. The hearing and appeals
	1016	+	process shall be the same as provided in Section 16-24C-6,
	1017	+	except that no deference is to be provided to either party and
	1018	+	the Alabama Rules of Evidence shall apply in hearings before
	1019	+	the hearing officer.
	1020	+	(4) The decision of the review board or hearing officer
	1021	+	may be appealed to the Circuit Court of Montgomery County. The
	1022	+	court shall review any decision pursuant to Section 41-22-20.
	1023	+	(5) The statute of limitations for a dispute under this
	1024	+	subsection is two years from the date of the injury or the
	1025	+	date of the last temporary total disability payment.
1029	1026		477
1030	1027		478
1031	1028		479
1032	1029		480
1033	1030		481
1034	1031		482
1035	1032		483
1036	1033		484
1037	1034		485
1038	1035		486
1039	1036		487
1040	1037		488
1041	1038		489
1042	1039		490
1043	1040		491
1044	1041		492
1045	1042		493
1046	1043		494
1047	1044		495
1048	1045		496
1049	1046		497
1050	1047		498
1051	1048		499
1052	1049		500
1053	1050		501
1054	1051		502
1055	1052		503
1056		-	504 SB1 ~~Enrolled~~
	1053	+	504 SB1 Engrossed
1057	1054		Page 19
1058		-	~~outlined in Article 4~~ of ~~Chapter 9 of Title 41~~.
1059		-	~~§16-1A-6~~
1060		-	~~(a) An employer~~ shall ~~complete an injury report upon~~
1061		-	~~timely notice~~ of ~~an injury~~ in ~~accordance with this chapter. An~~
1062		-	~~employer who refuses to complete and submit an injury report~~
1063		-	~~form after timely notice of an injury by an employee pursuant~~
1064		-	~~to this chapter shall provide notice in writing~~ of ~~its~~
1065		-	~~findings~~ of ~~fact that support its decision.~~ ~~An employee may~~
1066		-	~~challenge~~ the ~~employer's decision pursuant to the dispute~~
1067		-	~~resolution provisions of this section.~~
1068		-	~~(b)(1)~~ The ~~employer's executive officer or the board~~
1069		-	~~shall refer any dispute that arises under this chapter between~~
1070		-	~~an employee and employer or between an employee~~ and a ~~TPA~~
1071		-	~~contracted with or established under this chapter to~~ the
1072		-	~~review board.~~
1073		-	~~(2) Notwithstanding subdivision (1), if an employee,~~
1074		-	~~employer~~, ~~or TPA requests~~ a ~~hearing officer, the dispute shall~~
1075		-	~~be referred to and adjudicated by a hearing officer appointed~~
1076		-	~~from~~ the ~~panel~~ of ~~neutrals maintained by the Executive~~
1077		-	~~Director of~~ the ~~Alabama State Bar Association pursuant~~ to
1078		-	~~subdivision (3). The hearing officer shall be selected using~~
1079		-	~~the process provided in subdivision (3).~~
1080		-	~~(3)~~ The ~~Alabama State Bar shall create and maintain a~~
1081		-	~~roster~~ of ~~attorneys with significant experience in workers'~~
1082		-	~~compensation disputes.~~ ~~Upon~~ a ~~request pursuant to subdivision~~
1083		-	~~(2),~~ the ~~Executive Director of the Alabama State Bar, on a~~
1084		-	~~random and rotating basis~~, ~~shall select a panel of five from~~
1085		-	~~the roster and send~~ the ~~names to the parties~~. ~~The parties may~~
1086		-	~~select a hearing officer from the panel.~~ ~~If the parties cannot~~
	1055	+	date of the last temporary total disability payment.
	1056	+	(c) The decision of the review board or hearing officer
	1057	+	shall be based on a preponderance of the evidence as contained
	1058	+	in the record of the hearing except in cases involving
	1059	+	injuries which have resulted from gradual deterioration or
	1060	+	cumulative physical stress disorders, which shall be deemed
	1061	+	compensable only upon a finding of clear and convincing proof
	1062	+	that the injuries arose out of and in the course of the
	1063	+	employee's employment. For the purposes of this subsection,
	1064	+	"clear and convincing" means evidence that, when weighed
	1065	+	against evidence in opposition, will produce in the mind of
	1066	+	the trier of fact a firm conviction as to each essential
	1067	+	element of the claim and a high probability as to the
	1068	+	correctness of the conclusion. Proof by clear and convincing
	1069	+	evidence requires a level of proof greater than a
	1070	+	preponderance of the evidence or the substantial weight of the
	1071	+	evidence, but less than beyond a reasonable doubt.
	1072	+	(d) The Alabama Rules of Civil Procedure shall govern
	1073	+	the methods of discovery before a hearing officer, except that
	1074	+	the following limitations to pre-hearing discovery shall
	1075	+	apply:
	1076	+	(1) Two depositions for each side shall be permitted
	1077	+	without leave of the hearing officer. No additional
	1078	+	depositions shall be permitted except with leave of court for
	1079	+	good cause shown, including, but not limited to, a claim by
	1080	+	the employee for permanent total disability.
	1081	+	(2) Notwithstanding subdivision (1), each party may
	1082	+	take the deposition of every other party.
	1083	+	(3) No more than 25 interrogatories, with each subpart
1087	1084		505
1088	1085		506
1089	1086		507
1090	1087		508
1091	1088		509
1092	1089		510
1093	1090		511
1094	1091		512
1095	1092		513
1096	1093		514
1097	1094		515
1098	1095		516
1099	1096		517
1100	1097		518
1101	1098		519
1102	1099		520
1103	1100		521
1104	1101		522
1105	1102		523
1106	1103		524
1107	1104		525
1108	1105		526
1109	1106		527
1110	1107		528
1111	1108		529
1112	1109		530
1113	1110		531
1114		-	532 SB1 ~~Enrolled~~
	1111	+	532 SB1 Engrossed
1115	1112		Page 20
1116		-	~~select a hearing officer from the panel.~~ ~~If the parties cannot~~
1117		-	~~agree~~, ~~the parties~~ shall ~~select the hearing officer by a~~
1118		-	~~process~~ of ~~alternating strikes in which~~ the ~~employee shall be~~
1119		-	~~provided the first strike and the employer the last strike. No~~
1120		-	~~deference is to~~ be ~~provided to either party and the Alabama~~
1121		-	Rules of ~~Evidence shall apply in hearings before the hearing~~
1122		-	~~officer~~.
1123		-	(4) ~~The decision~~ of ~~the hearing officer may~~ be ~~appealed~~
1124		-	to the ~~Circuit Court of Montgomery County. The court shall~~
1125		-	~~review any decision pursuant~~ to ~~Section 41-22-20. Review by~~
1126		-	~~the court shall be limited to the record on appeal and shall~~
1127		-	~~not include a trial de novo~~. ~~In reviewing pure findings of~~
1128		-	~~fact,~~ the ~~finding~~ of ~~the hearing officer shall not be reversed~~
1129		-	~~if that finding is supported by substantial evidence.~~ The ~~cost~~
1130		-	~~of transcript preparation shall initially be paid by~~ the
1131		-	~~appealing party;~~ ~~such cost shall thereafter~~ be ~~taxed against~~
1132		-	~~the losing party in~~ the ~~circuit court.~~
1133		-	~~(5)~~ The ~~statute of limitations for~~ a ~~dispute under this~~
1134		-	~~subsection~~ is ~~two years from the date of the injury, the date~~
1135		-	~~of last diagnosis~~ for ~~occupational disease, or~~ the ~~date of the~~
1136		-	~~last temporary total disability payment.~~
1137		-	~~(c)~~ The ~~decision of the review~~ board ~~or hearing officer~~
1138		-	~~shall be based on a preponderance of the evidence as contained~~
1139		-	in the ~~record~~ of the ~~hearing except in cases involving~~
1140		-	~~injuries which have resulted~~ from ~~gradual deterioration or~~
1141		-	~~cumulative physical stress disorders,~~ ~~which~~ shall ~~be deemed~~
1142		-	~~compensable only upon a finding of clear and convincing proof~~
1143		-	~~that~~ the ~~injuries arose out of and in the course of the~~
1144		-	~~employee's employment.~~ ~~For~~ the ~~purposes of this subsection,~~
	1113	+	(3) No more than 25 interrogatories, with each subpart
	1114	+	to be considered a question, shall be permitted without leave
	1115	+	of the hearing officer for good cause shown.
	1116	+	(4) Certified sealed copies of records of medical
	1117	+	treatment and expenses shall be authenticated in accordance
	1118	+	with Rule 44(h) of the Alabama Rules of Civil Procedure,
	1119	+	without further need for authenticating testimony.
	1120	+	(5) Copies of records obtained by one party shall be
	1121	+	furnished by certified mail to the other party not less than
	1122	+	21 days prior to the hearing, unless the party offering the
	1123	+	records can establish unusual circumstances justifying
	1124	+	admission of the records.
	1125	+	(6) The party not offering the records of treatment by
	1126	+	a physician or other medical provider shall have the right to
	1127	+	depose the physician or medical provider whose records of
	1128	+	treatment are to be offered by any other party.
	1129	+	(g) The review board or hearing officer may award a
	1130	+	legal fee of up to 15 percent of the compensation awarded in a
	1131	+	contested case. This amount is discretionary and will only be
	1132	+	awarded if requested by legal counsel for the employee. The
	1133	+	award shall be deducted from compensation otherwise payable to
	1134	+	the employee pursuant to rules adopted by board.
	1135	+	§16-1A-7
	1136	+	(a) The costs of the program, including administration
	1137	+	costs, shall be paid from the fund. The total amount to be
	1138	+	expended pursuant to the program shall not exceed the amount
	1139	+	provided for in annual appropriations.
	1140	+	(b) The program shall begin accepting on-the-job injury
	1141	+	claims on an implementation date declared and published by the
1145	1142		533
1146	1143		534
1147	1144		535
1148	1145		536
1149	1146		537
1150	1147		538
1151	1148		539
1152	1149		540
1153	1150		541
1154	1151		542
1155	1152		543
1156	1153		544
1157	1154		545
1158	1155		546
1159	1156		547
1160	1157		548
1161	1158		549
1162	1159		550
1163	1160		551
1164	1161		552
1165	1162		553
1166	1163		554
1167	1164		555
1168	1165		556
1169	1166		557
1170	1167		558
1171	1168		559
1172		-	560 SB1 ~~Enrolled~~
	1169	+	560 SB1 Engrossed
1173	1170		Page 21
1174		-	employee's employment. For the purposes of this subsection,
1175		-	"clear and convincing" means evidence that, when weighed
1176		-	against evidence in opposition, will produce in the mind of
1177		-	the trier of fact a firm conviction as to each essential
1178		-	element of the claim and a high probability as to the
1179		-	correctness of the conclusion. Proof by clear and convincing
1180		-	evidence requires a level of proof greater than a
1181		-	preponderance of the evidence or the substantial weight of the
1182		-	evidence, but less than beyond a reasonable doubt.
1183		-	(d) The Alabama Rules of Civil Procedure shall govern
1184		-	the methods of discovery before a hearing officer, except that
1185		-	the following limitations to pre-hearing discovery shall
1186		-	apply:
1187		-	(1) Two depositions for each side shall be permitted
1188		-	without leave of the hearing officer. No additional
1189		-	depositions shall be permitted except with leave of court for
1190		-	good cause shown, including, but not limited to, a claim by
1191		-	the employee for permanent total disability.
1192		-	(2) Notwithstanding subdivision (1), each party may
1193		-	take the deposition of every other party.
1194		-	(3) No more than 25 interrogatories, with each subpart
1195		-	to be considered a question, shall be permitted without leave
1196		-	of the hearing officer for good cause shown.
1197		-	(4) Copies of records obtained by one party shall be
1198		-	furnished to the other party by digital or electronic means
1199		-	not less than 21 days prior to the hearing, unless the party
1200		-	offering the records can establish unusual circumstances
1201		-	justifying admission of the records.
1202		-	(5) The party not offering the records of treatment by
	1171	+	claims on an implementation date declared and published by the
	1172	+	board in consultation with the Board of Adjustment but not
	1173	+	later than October 1, 2026.
	1174	+	(c) The program created by this chapter shall be the
	1175	+	sole remedy for employees who incur an on-the-job injury on or
	1176	+	after the implementation date established in subsection (b).
	1177	+	The Board of Adjustment shall have sole jurisdiction over
	1178	+	on-the-job injury claims for injuries occurring before the
	1179	+	implementation date in subsection (b).
	1180	+	(d) Nothing in this chapter shall be construed as a
	1181	+	waiver by the state of its sovereign immunity under the
	1182	+	Constitution of Alabama of 2022.
	1183	+	Section 3. If any provision of this act is held invalid
	1184	+	by a court of competent jurisdiction, the invalidity shall not
	1185	+	affect the provisions that can be given effect without the
	1186	+	invalid provisions, and to this end, the provisions of this
	1187	+	act are declared to be severable.
	1188	+	Section 4. This act shall become effective immediately.
1203	1189		561
1204	1190		562
1205	1191		563
1206	1192		564
1207	1193		565
1208	1194		566
1209	1195		567
1210	1196		568
1211	1197		569
1212	1198		570
1213	1199		571
1214	1200		572
1215	1201		573
1216	1202		574
1217	1203		575
1218	1204		576
1219	1205		577
1220		-	578
	1206	+	578 SB1 Engrossed
	1207	+	Page 22
	1208	+	Senate
	1209	+	Read for the first time and referred
	1210	+	to the Senate committee on Finance
	1211	+	and Taxation Education
	1212	+	................04-Feb-25
	1213	+	Read for the second time and placed
	1214	+	on the calendar:
	1215	+	0 amendments
	1216	+	................12-Feb-25
	1217	+	Read for the third time and passed
	1218	+	as amended
	1219	+	Yeas 32
	1220	+	Nays 0
	1221	+	Abstains 0
	1222	+	................18-Feb-25
	1223	+	Patrick Harris,
	1224	+	Secretary.
1221	1225		579
1222	1226		580
1223	1227		581
1224	1228		582
1225	1229		583
1226	1230		584
1227	1231		585
1228	1232		586
1229	1233		587
1230		-	588 SB1 Enrolled
1231		-	Page 22
1232		-	(5) The party not offering the records of treatment by
1233		-	a physician or other medical provider shall have the right to
1234		-	depose the physician or medical provider whose records of
1235		-	treatment are to be offered by any other party.
1236		-	(g) The review board or hearing officer may award a
1237		-	legal fee of up to 15 percent of the compensation awarded in a
1238		-	contested case. This amount is discretionary and will only be
1239		-	awarded if requested by legal counsel for the employee and
1240		-	agreed to by the employee. The award shall be deducted from
1241		-	compensation otherwise payable to the employee pursuant to
1242		-	rules adopted by the board.
1243		-	§16-1A-7
1244		-	(a) The costs of the program, including administration
1245		-	costs, shall be paid from the fund. The total amount to be
1246		-	expended pursuant to the program shall not exceed the amount
1247		-	provided for in annual appropriations.
1248		-	(b) The program shall begin accepting on-the-job injury
1249		-	claims on an implementation date declared and published by the
1250		-	board in consultation with the Board of Adjustment but not
1251		-	later than October 1, 2026.
1252		-	(c) The program created by this chapter shall be the
1253		-	sole remedy for employees who incur an on-the-job injury on or
1254		-	after the implementation date established in subsection (b).
1255		-	The Board of Adjustment shall have sole jurisdiction over
1256		-	on-the-job injury claims for injuries occurring before the
1257		-	implementation date in subsection (b).
1258		-	(d) Nothing in this chapter shall be construed as a
1259		-	waiver by the state of its sovereign immunity under the
1260		-	Constitution of Alabama of 2022.
	1234	+	588
1261	1235		589
1262	1236		590
1263	1237		591
1264	1238		592
1265	1239		593
1266	1240		594
1267	1241		595
1268	1242		596
1269	1243		597
1270	1244		598
1271	1245		599
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1273		-	601
1274		-	602
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1276		-	604
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1278		-	606
1279		-	607
1280		-	608
1281		-	609
1282		-	610
1283		-	611
1284		-	612
1285		-	613
1286		-	614
1287		-	615
1288		-	616 SB1 Enrolled
1289		-	Page 23
1290		-	Constitution of Alabama of 2022.
1291		-	Section 3. If any provision of this act is held invalid
1292		-	by a court of competent jurisdiction, the invalidity shall not
1293		-	affect the provisions that can be given effect without the
1294		-	invalid provisions, and to this end, the provisions of this
1295		-	act are declared to be severable.
1296		-	Section 4. This act shall become effective immediately.
1297		-	617
1298		-	618
1299		-	619
1300		-	620
1301		-	621
1302		-	622
1303		-	623 SB1 Enrolled
1304		-	Page 24
1305		-	________________________________________________
1306		-	President and Presiding Officer of the Senate
1307		-	________________________________________________
1308		-	Speaker of the House of Representatives
1309		-	SB1
1310		-	Senate 18-Feb-25
1311		-	I hereby certify that the within Act originated in and passed
1312		-	the Senate, as amended.
1313		-	Patrick Harris,
1314		-	Secretary.
1315		-	House of Representatives
1316		-	Amended and passed: 08-Apr-25
1317		-	Senate concurred in House amendment 15-Apr-25
1318		-	By: Senator Givhan
1319		-	624
1320		-	625
1321		-	626
1322		-	627
1323		-	628
1324		-	629
1325		-	630
1326		-	631
1327		-	632
1328		-	633
1329		-	634
1330		-	635
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1332		-	637
1333		-	638
1334		-	639
1335		-	640
1336		-	641
1337		-	642
1338		-	643
1339		-	644
1340		-	645
1341		-	646
1342		-	647
1343		-	648
1344		-	649
1345		-	650
1346		-	651
1347		-	652
1348		-	653
1349		-	654
1350		-	655
1351		-	656
1352		-	657
1353		-	658
1354		-	659
1355		-	660
1356		-	661