(a) The compensation paid under this article shall be not less than, except as otherwise provided in this article, 27 1/2 percent of the average weekly wage of the state as determined by the secretary, rounded to the nearest dollar, pursuant to subsection (b) and, in any event, no more than 100 percent of the average weekly wage. Notwithstanding the foregoing, the maximum compensation payable for permanent partial disability shall be no more than the lesser of two hundred twenty dollars ($220) per week or 100 percent of the average weekly wage.
(b) For the purpose of this section, the average weekly wage of the state shall be determined by the secretary as follows: On or before June 1 of each year, the total wages reported on contribution reports to the unemployment compensation division of the department for the preceding calendar year shall be divided by the average monthly number of insured workers, which shall be determined by dividing the sum of the number of insured workers reported for each month of the preceding year by 12. The average annual wage thus obtained shall be divided by 52, and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage as so determined shall be applicable for the 12-month period beginning July 1 following the June 1 determination. If the determination shall not be made on or before June 1, the effective date of the average weekly wage when determined shall be the first day of the month next following 30 days after the determination is made.
(c) The maximum and minimum weekly benefit shall not be changed on any July 1 or as a result of any annual determination, unless the computation provided for in subsection (b) results in an increase or decrease of two dollars ($2) or more in the amount of either the maximum or minimum benefit.
(d) In no event, except as provided for permanent total disability in subdivision (a)(4) of Section 25-5-57 or except for compensation benefits payable for permanent partial and temporary total disability in connection with a disability scheduled in subdivisions (1) and (3) of subsection (a) of Section 25-5-57 or except as provided in subsection (f), shall the total amount of compensation payable for an accident or an occupational disease exceed the product of 500 times the maximum weekly benefit applicable on the date of the accident.
(e) The minimum and maximum benefits that are in effect on the date of the accident which results in injury or death shall be applicable for the full period during which compensation is payable.
(f) Notwithstanding any other provision of this article, the compensation benefits payable to a surviving dependent child of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties shall not discontinue at least until the dependent child reaches the age of 18 years.
(Acts 1919, No. 245, p. 206; Code 1923, §7563; Acts 1935, No. 387, p. 831; Acts 1936, Ex. Sess., No. 29, p. 9; Acts 1939, No. 661, p. 1036; Code 1940, T. 26, §289; Acts 1949, No. 36, p. 47, §6; Acts 1951, No. 563, p. 978, §4; Acts 1955, No. 359, p. 874: Acts 1957, No. 340, p. 449; Acts 1961, Ex. Sess., No. 272, p. 2289, §2; Acts 1963, No. 578, p. 1252; Acts 1967, No. 168, p. 509, §3; Acts 1969, No. 233, p. 557, §2; Acts 1971, No. 667, p. 1376, §6; Acts 1973, No. 1062, p. 1750, §19; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §7; Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §7; Acts 1992, No. 92-537, p. 1082, §22; Act 2018-523, §2; Act 2019-445, §1.)
Notes of Decisions
Ex Parte Kirkpatrick, 495 So. 2d 1095 (Ala. 1986).
· cites it 12× “: In workmen's compensation cases, does the minimum weekly compensation rate as established pursuant to § 25-5-68, Code 1975, apply to nonscheduled permanent partial disability *1096 cases where compensation is provided and governed by § 25-5-57(a)(3)g, Code 1975? For the facts…”
Middleton v. Dan River, Inc., 617 F. Supp. 1206 (M.D. Ala. 1985).
· cites it 4× “1975 Ala.Code § 25-5-68. Again, here, the date of injury is the date of last exposure to cotton dust.”
Reed v. Brunson, 527 So. 2d 102 (Ala. 1988).
“(Section 7, now § 25-5-68); modified § 25-5-57, to comply with the new statute of limitations (Section 6); limited the grounds for denial of compensation under the Act to willful refusal or willful neglect to perform a statutory duty or other willful violation or willful breach…”
Winn-Dixie Montgomery, LLC v. Purser, 154 So. 3d 1025 (Ala. Civ. App. 2014).
· cites it 4× “” The order focuses on the resolution of the issue whether Purser’s injury is compensable, and one of the legal conclusions in the order states that temporary-total-disability benefits are to be paid pursuant to the requirements of § 25-5-68, Ala.Code 1975. Although the amount…”
McAbee Constr., Inc. v. Allday, 135 So. 3d 968 (Ala. Civ. App. 2013).
· cites it 2× “That compensation rate, however, is subject to the maximum weekly compensation limit set out in § 25-5-68. The maximum weekly compensation allowed on June 7, 2006, was $629.”
Vintage Pharm., LLC v. Hayes, 70 So. 3d 1203 (Ala. Civ. App. 2007).
· cites it 4× “85-41, § 7, amending Ala.Code 1975, § 25-5-68(a). This limitation applies to scheduled injuries that fall under the permanent-partial-disability subsection.”
Blansit v. Cornelius & Rush Coal Co., 380 So. 2d 854 (Ala. Civ. App. 1979).
· cites it 3× “In fact, I can find no material change in what is now codified as § 25-5-60 through § 25-5-68 since 1923. There has been a rearranging of the sections from the Code of 1940 and the Code recompiled in 1958 into the Code of 1975.”
3-M CO., INC. v. Myers, 692 So. 2d 134 (Ala. Civ. App. 1997).
“"For all other permanent partial disabilities not above enumerated, the compensation shall be 66 2/3 percent of the difference between the average weekly earning of the worker at the time of the injury and the average weekly earnings he or she is able to earn in his or her…”
Smith v. Michelin North Am., Inc., 785 So. 2d 1155 (Ala. Civ. App. 2000).
“00 per week as provided in Code of Alabama 1975, Section 25-5-68(a). " DECREE OF THE COURT "It is ORDERED, ADJUDGED AND DECREED by the Court as follows: "1.”
Lanthrip v. Wal-Mart Stores, Inc., 864 So. 2d 1079 (Ala. Civ. App. 2002).
“, which provides, in pertinent part, that “compensation shall be 66 2/3 percent of the difference between the average weekly earnings of the worker at the time of the injury and the average weekly earnings he or she is able to earn in his or her partially disabled condition,…”
— Ala. Code § 25-5-68(a) — 5 cases
Vintage Pharm., LLC v. Hayes, 70 So. 3d 1203 (Ala. Civ. App. 2007).
“85-41, § 7, amending Ala.Code 1975, § 25-5-68(a). This limitation applies to scheduled injuries that fall under the permanent-partial-disability subsection.”
Smith v. Michelin North Am., Inc., 785 So. 2d 1155 (Ala. Civ. App. 2000).
“00 per week as provided in Code of Alabama 1975, Section 25-5-68(a). " DECREE OF THE COURT "It is ORDERED, ADJUDGED AND DECREED by the Court as follows: "1.”
Winn-Dixie Montgomery, LLC v. Purser, 154 So. 3d 1025 (Ala. Civ. App. 2014).
“” The order focuses on the resolution of the issue whether Purser’s injury is compensable, and one of the legal conclusions in the order states that temporary-total-disability benefits are to be paid pursuant to the requirements of § 25-5-68, Ala.Code 1975. Although the amount…”
— Ala. Code § 25-5-68(b) — 3 cases
— Ala. Code § 25-5-68(e) — 1 case
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