Section 36-30-2

Deaths deemed compensable; compensation for total disability; amount of compensation.

In the event a peace officer, or a fireman, or a volunteer fireman, who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, is killed, either accidentally or deliberately, or dies as a result of injuries received while engaged in the performance of his duties, his dependents shall be entitled to compensation in the amount of $50,000.00 to be paid from the State Treasury as provided in Section 36-30-3, unless such death was caused by the willful misconduct of the officer or was due to his own intoxication or his willful failure or refusal to use safety appliances provided by his employer or his willful refusal or neglect to perform a statutory duty or any other willful violation of a law or his willful breach of a reasonable rule or regulation governing the performance of his duties or his employment of which rule or regulation he had knowledge. Any peace officer, or any fireman, or volunteer fireman whose death results proximately and within 10 years from an injury received while performing his duties shall, for the purposes of this article, be deemed to have been killed while in the performance of such duties. If the State Health Officer determines from all available evidence that a volunteer fireman, 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 such fireman received while engaged in the performance of his fire-fighting duties and said disability is likely to continue for more than 12 months from the date the injury is incurred, then such fireman shall be entitled to receive disability compensation in the amount of $50,000.00 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 cannot perform the duties of the job occupation or profession in which he 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 said 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 fireman disagrees with any officer, he may appeal such determination to the State Board of Adjustment in accordance with such board's procedures for such appeals.

(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.)