Ala. Admin. Code r. 262-X-4-.10

Current through Register Vol. 43, No. 02, November 27, 2024

Section 262-X-4-.10 - Reconsideration Of Claims Filed On Behalf Of Minor Victims, Incompetent Victims, Or Deceased Victims

(1) Authority

(a)Code of Ala. 1975, § 15-23-12(d) (1995), which provides:

1. The commission, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a commission decision for the purpose of judicial review.

(2) Compensation cannot be paid to a claimant who is ineligible for compensation benefits. When an ineligible claimant files for compensation benefits on behalf of a minor victim, incompetent victim, or deceased victim, the claim must be not approved.

(3) The Commission may reconsider a decision denying or reducing a compensation award for a minor victim, incompetent victim, or deceased victim due to the ineligibility of the claimant, in the event of either of the following:

(a) The minor victim reaches the age of majority, or can otherwise legally act on his/her own behalf;

(b) A person (other than the ineligible claimant) who is legally authorized to act on behalf of a minor victim, incompetent victim, or deceased victim files for compensation benefits on behalf of the victim.

Ala. Admin. Code r. 262-X-4-.10

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, eff. 8/12/2014.

Author: Dr. Cassie T. Jones

Statutory Authority:Code of Ala. 1975, § 15-23-5(14) (1995)