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AL SB77
Bill
AI Summary
SB77 Summary
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Limits trial courts' use of pain complaint evidence as sole basis for awards exceeding those available for actual loss of body part in enumerated member injuries.
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Caps employer liability for permanent total disability benefits to terminate on employee's 65th birthday or 500 weeks after injury date, whichever is longer.
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Increases maximum weekly compensation for permanent partial disability from $220 to $240 per week.
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Requires employees to seek medical attention within specified timeframes; creates rebuttable presumption after 2 years without treatment that subsequent treatment is unrelated, and conclusively ends employer's medical obligation after 4 years without treatment.
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Establishes that appellate courts must weigh evidence on both sides before reversing circuit court's pure findings of fact, and defines "clear and convincing evidence" standard for cumulative stress/gradual deterioration injury claims.
Legislative Description
Workers' compensation, use of pain complaint evidence limited, employer liability for permanent total disability benefits after employee reaches age 65 limited, certain maximum weekly compensation increased, prompt medical attention required for benefits, weighing of evidence before reversal of findings of fact required, Secs. 25-5-57, 25-5-68, 25-5-77, 25-5-81 am'd.
Workers' Compensation
Last Action
Indefinitely Postponed
5/9/2012