1. (1) Authority

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

      1. 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. (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. (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:

   1. (a) The minor victim reaches the age of majority, or can otherwise legally act on his/her own behalf;
   2. (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 file for compensation benefits on behalf of the victim.

Author: Dr. Cassie T. Jones

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

History: New Rule: Filed July 8, 2014; effective August 12, 2014.