Beeker Timber Co. v. Jackson

852 So. 2d 751, 2001 Ala. Civ. App. LEXIS 728, 2001 WL 1392437
CourtCourt of Civil Appeals of Alabama
DecidedNovember 9, 2001
Docket2991307
StatusPublished

This text of 852 So. 2d 751 (Beeker Timber Co. v. Jackson) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beeker Timber Co. v. Jackson, 852 So. 2d 751, 2001 Ala. Civ. App. LEXIS 728, 2001 WL 1392437 (Ala. Ct. App. 2001).

Opinion

PITTMAN, Judge.

Phillip W. Jackson was injured in a logging accident. At the time of the accident he was employed by Beeker Timber Company to trim limbs from the tops of trees. He was struck just above his right knee by a falling limb and his supervisor immediately transported him to the emergency room at the nearest hospital, where his injured knee was X-rayed and bandaged. Jackson was referred by the emergency room doctor to Dr. Scott Atkins, an orthopedic surgeon, for further evaluation and treatment.

Dr. Atkins performed three successive surgeries to reconstruct Jackson’s right knee. In the first procedure on March 21, 1997, Dr. Atkins performed arthroscopic surgery to the right knee. During the second surgical procedure on April 18, 1997, Dr. Atkins reconstructed the ligaments, using a portion of the Achilles tendon to build up the ligaments and installing hardware for stability in the knee. The third surgery occurred in May 1998.

On August 4, 1997, after Jackson had recovered from the second surgery, Dr. Atkins returned Jackson to light-duty work; he was temporarily restricted from lifting anything heavier than 20 pounds. On January 6, 1998, Dr. Atkins wrote to Jackson’s workers’-compensation carrier and informed the carrier that Jackson had reached maximum medical improvement (“MMI”). Dr. Atkins informed the carrier that he had assigned Jackson a 10% impairment to his body as a whole or a 25% disability to the right lower extremity. Jackson continued working at Beeker Timber Company under permanent lifting re-strietions, including the restriction that he not lift anything weighing over 20 pounds.

In May 1998, Jackson complained to Dr. Atkins that he was experiencing some pain around the hardware that had been surgically inserted in his right knee. On May 10, 1998, Dr. Atkins surgically removed the hardware in Jackson’s right knee. In August 1998, Dr. Atkins noted in his medical records that Jackson demonstrated some fairly dramatic atrophy in his right quadriceps, but Dr. Atkins continued to maintain that Jackson had sustained a 10% impairment to the body as a whole. On May 26,1998, Dr. Atkins returned Jackson to work, this time under a permanent restriction not to lift anything heavier than 40 pounds.1 On July 20, 1998, Dr. Atkins determined that Jackson had reached MMI. On that date, Dr. Atkins referred Jackson for tests on his right quadriceps before he assigned Jackson an impairment rating. On August 17, 1998, Dr. Atkins assigned Jackson a 10% impairment to the whole person.

Jackson subsequently became unable to work because of peripheral neuropathy.2 It is undisputed that this disease is rarely trauma-induced. On September 4, 1998, Jackson sued Beeker Timber Company, seeking recovery of benefits under the Workers’ Compensation Act for total permanent disability as a result of the March 17, 1997, injury to his right knee. Following a bench trial during which ore tenus testimony was taken, the trial court entered a judgment awarding Jackson benefits for a total permanent disability. Beeker Timber Company filed a postjudgment motion, which the trial court never ruled [753]*753on. Beeker Timber Company subsequently appealed.

On appeal, Beeker Timber Company claims that the trial court’s judgment should be reversed because, it says, Jackson did not present substantial evidence that the portion of Jackson’s disability caused by the peripheral neuropathy (poly-neuropathy) was related to the March 17, 1997, injury to his knee. The applicable standard of review in this case is the “substantial evidence” standard set out by our Supreme Court in Ex parte Trinity Indus., Inc., 680 So.2d 262, 268-69 (Ala.1996) (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)):

“We will not reverse the trial court’s finding of fact if that finding is supported by substantial evidence — if that finding is supported by ‘evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.’ ”

See also § 25-5-81(e)(2), Ala.Code 1975.

The trial court based its judgment in part on the following findings:

“John R. Goff, Ph.D., [Jackson’s] psychological expert, testified by deposition that [Jackson] had a full scale IQ of 59, a verbal IQ score of 60, [and] a performance or visuopractie IQ score of 65. These scores fall towards the middle of the mildly retarded range of psychometric intelligence. Dr. Goff testified that [Jackson] was at the second grade level for word recognition and spelling and approximately a third grade level for arithmetic. [Jackson] is functionally illiterate. Dr. Goff testified that ‘The patient’s mental retardation in and of itself represents a moderately severe mental impairment which substantially limits the patient’s vocational options.’ Dr. Goff testified that [Jackson] has difficulty relating to other people and in his ability to understand, remember, and carry out instructions. [Jackson] has difficulty shifting his attention with varied tasks. He has difficulty with any sort of complex verbal concept. He cannot read or write and cannot understand written instructions. These limitations were not disputed or contradicted by any [Beeker Timber Company] expert.
“Dr. Scott Atkins, [Jackson’s] treating physician, testified by deposition that on December 29, 1998, he had assigned [Jackson] a 20 pound lifting restriction and no bending or squatting. These are permanent restrictions. He assigned him an impairment rating of 10 percent of the whole person or 25 percent of the right lower extremity. He further testified that if [Jackson] did not have poly-neuropathy he would have a lifting restriction of 40 pounds.
“Norma Stricklin, [Beeker Timber Company’s] vocational expert and Thomas Christiansen, by deposition, [Jackson’s] vocational expert, both testified that based on [Jackson’s] age, education, work experience, and the limitations of Dr. Atkins and Dr. Goff that [Jackson] would be permanently and totally disabled.”

The evidence in the record indicates that Jackson was a chain-saw operator for Beeker Timber Company and that the saw he operated weighed approximately 35 pounds. Jackson testified that after Dr. Atkins removed the hardware from his knee in the final surgical procedure, he began to suffer pain radiating down his right leg and occasional weakness and numbness in his right leg, to the point that the leg would occasionally collapse under his weight. Jackson stated that Dr. Atkins told him that these symptoms were the result of polyneuropathy and that they were not related to the accident. Jackson [754]*754testified that he took pain medication for these symptoms. Dr. Atkins also testified in his deposition that solely as a result of the polyneuropathy, he imposed greater lifting restrictions, prohibiting Jackson from lifting anything over 20 pounds. Dr. Atkins made it clear that but for the poly-neuropathy, Jackson would be able to repeatedly lift 40 pounds or more.

Dr. Atkins testified by deposition that polyneuropathy is a disease involving decreased conduction across a group of nerves. Dr. Atkins testified that trauma is rarely a cause of polyneuropathy, and that common causes are alcoholism, diabetes, and certain toxins. Occasionally the disease is simply idiopathic, meaning that there is no known cause. Dr. Atkins testified that he referred Jackson to Dr.

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Related

Ex Parte Trinity Industries, Inc.
680 So. 2d 262 (Supreme Court of Alabama, 1996)
Goodyear Tire and Rubber Co. v. Correll
736 So. 2d 624 (Court of Civil Appeals of Alabama, 1999)
West v. Founders Life Assur. Co. of Florida
547 So. 2d 870 (Supreme Court of Alabama, 1989)
Erwin v. Harris
474 So. 2d 1125 (Court of Civil Appeals of Alabama, 1985)

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Bluebook (online)
852 So. 2d 751, 2001 Ala. Civ. App. LEXIS 728, 2001 WL 1392437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beeker-timber-co-v-jackson-alacivapp-2001.