Alabama Attorney General Opinion 1979-0005

# OFFICE OF THE ATTORNEY GENERAL [LOGO] File #4 79-00005 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA AUG 22 1979 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY, ALABAMA 36130 AREA (205), 834-5150 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Honorable Maury Friedlander Marr and Friedlander Attorneys at Law Suite 200 4621 Springhill Avenue Extension Mobile, Alabama 36608 Mobile County Racing Commission - Workmen's Compensation The Mobile County Racing Commission is subject to Alabama's Workmen's Compensation laws and the commis- sioner's thereof should be covered by Workmen's Compensation Insur- ance. Dear Mr. Friedlander: You request an opinion of this office by your letter dated April 26, 1979, respecting whether or not the Mobile County Racing Commission is subject to the Workmen's Compensation laws of the State of Alabama. The answer to your question is that the Mobile County Racing Commission is subject to the provisions of Alabama's Workmen's Compensation laws. The exclusions set forth in Code of Alabama 1975, §25-5-50, do not exempt the racing commission, and the fact that many of its employees are employed on a part-time basis has no applicability to the Commission's status under the law. Mobile Liners v. McConnell, 220 Ala. 562, 126 So. 626 (1930); Lingo v. Crews, 253 Ala. 227, 43 So. 815 (1950). You also ask whether or not the individual commissioners should be covered by the Workmen's Compensation Act. These commissioners are appointed pursuant to Acts of Alabama 1971, Act No. 2431, page 3380, and are given duties and authority consistent with having the status of public officers. Honorable Mary Friedlander Page 2 It is a general rule, enunciated by a majority of those jurisdictions where the question has been considered, that "public officials" (as opposed to "public employees") are not covered by workmen's compensation statutes (Toomey v. New York State Legislature 2 N.Y.S. 2d 446, 161 N.Y.S. 201, 81, 141 N.E. 2d 584). However, there is nothing in Alabama's Workman's Compensation Act which would prevent coverage, by the insurer, of public officials, if the insurance agreement were to be designed so as to specifically cover such officials. Where a commissioner or public official is paid a salary and given enumerated duties which go beyond the decision and policy making level, in commission meetings as, in the present case, the requirement of attendance at each race, it is the opinion of this office that Workmen's Compensation Insurance should cover the commissioner or public official. Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL BY- Philip J. Davis PHILIP J. DAVIS ASSISTANT ATTORNEY GENERAL PCD:pm