In case of a personal injury not involving cumulative physical stress, all claims for compensation under this article shall be forever barred unless within two years after the accident the parties shall have agreed upon the compensation payable under this article or unless within two years after the accident one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In cases involving personal injury due to cumulative physical stress, compensation under this article shall be forever barred unless within two years after the date of the injury one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In cases involving claims for lost earning capacity under Section 25-5-57(a)(3)i., other than those involving cumulative physical stress, following termination of employment as outlined therein, compensation under this article and Article 4 shall be forever barred unless brought within two years of the termination. In case of death, all claims for compensation shall be forever barred unless within two years after death, when the death results proximately from the accident within three years, the parties shall have agreed upon the compensation under this article or unless within two years after the death one of the parties shall have filed a verified complaint as provided in Section 25-5-88. Where, however, payments of compensation, as distinguished from medical or vocational payments, have been made in any case, the period of limitation shall not begin to run until the time of making the last payment. In case of physical or mental incapacity, other than the minority of the injured person or his or her dependents, to perform or cause to be performed any act required within the time in this section specified, the period of limitation in any case shall be extended to become effective two years from the date when the incapacity ceases.
(Acts 1919, No. 245, p. 206; Code 1923, §7570; Code 1940, T. 26, §296; Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §9; Acts 1992, No. 92-537, p. 1082, §25.)
Notes of Decisions
Robert Burton & Assocs., Ltd. v. Morris, 999 So. 2d 932 (Ala. 2008).
· cites it 16× “See § 25-5-80, Ala.Code 1975. The parties submitted the controversy to the trial court based on joint stipulations and the deposition of the employee.”
Kilgore v. Alabama By-Prods. Corp., 581 So. 2d 872 (Ala. Civ. App. 1991).
· cites it 6× “" Ala. Code 1975, § 25-5-80 requires "In case of death, all claims for compensation shall be forever barred unless within two years after death, when the death results proximately from the accident within three years.”
Formosa v. Lowe's Home Centers, Inc., 806 F. Supp. 2d 1181 (N.D. Ala. 2011).
· cites it 4× “) Count One of the Complaint alleges a claim for worker’s compensation benefits against Lowe’s under the Workers’ Compensation Act of Alabama, Ala.Code 1975 § 25-5-80. (Doc. 1 at 12.) Counts Two, Three, and Four of the Complaint allege claims of negligent and wanton design of…”
Gulf States Steel, Inc. v. White, 742 So. 2d 1264 (Ala. Civ. App. 1999).
· cites it 4× “The new Act's version of § 25-5-80, Ala.Code 1975, states: "In case of a personal injury not involving cumulative physical stress, all claims for compensation under this article shall be forever barred unless within *1267 two years after the accident the parties shall have…”
Am. Cyanamid v. Shepherd, 668 So. 2d 26 (Ala. Civ. App. 1995).
· cites it 3× “I believe Shepherd's workmen's compensation claim is barred by the two-year statute of limitations, Ala.Code 1975, § 25-5-80; therefore, I respectfully dissent.”
Hokes Bluff Welding & Fabrication v. Cox, 33 So. 3d 592 (Ala. Civ. App. 2008).
· cites it 2× “See § 25-5-80, Ala.Code 1975. An "accident," for purposes of the statute of limitations, is "an unexpected or unforeseen event, happening suddenly and violently, with or without human fault, and producing at the time injury to the physical structure of the body .”
Reed v. Brunson, 527 So. 2d 102 (Ala. 1988).
“onal diseases generally, occupational pneumoconiosis generally, pneumoconiosis of coal miners, and occupational exposure to radiation (Section 12, now § 25-5-16); provided for the appointment of a safety committee to advise the employer regarding safety in the work place…”
Robert Burton & Assocs., Ltd. v. Morris, 999 So. 2d 927 (Ala. Civ. App. 2007).
· cites it 7× “However, that section contains a tolling provision which provides: “Where, however, payments of compensation .”
Ex Parte Youngblood, 413 So. 2d 1146 (Ala. 1981).
· cites it 2× “We granted certiorari to review the question of whether an employer's nonfraudulent representations which unintentionally mislead an employee in filing his workmen's compensation claim will toll the one-year statute of limitations contained in Code 1975, § 25-5-80. The essential…”
Labinal, Inc./Globe Motors v. Alphord, 767 So. 2d 362 (Ala. Civ. App. 2000).
· cites it 4× “I agree with Judge Yates that the trial court's judgment should be reversed; however, I would not remand the cause for the trial court to make a finding as to whether the worker filed the claim involving the injuries to her left side within the two-year statute of limitations of…”
Poff v. Gen. Motors Corp., 705 So. 2d 442 (Ala. Civ. App. 1997).
· cites it 3× “The trial court held that Poff's claim was barred by the applicable statute of limitations, § 25-5-80, Ala.Code (1975). Poff appeals.”
Fowler v. the City of Huntsville, 601 So. 2d 1002 (Ala. Civ. App. 1992).
· cites it 8× “The trial court determined that the last payment of temporary total compensation was October 16, 1987, and that later, additional benefits paid by the employer did not constitute payments of compensation pursuant to Ala. Code 1975, § 25-5-80. The trial court entered an order…”
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