Dunlop Tire Corp. v. Pitts

706 So. 2d 726, 1996 Ala. Civ. App. LEXIS 640, 1996 WL 493145
CourtCourt of Civil Appeals of Alabama
DecidedAugust 30, 1996
Docket2950535
StatusPublished

This text of 706 So. 2d 726 (Dunlop Tire Corp. v. Pitts) 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
Dunlop Tire Corp. v. Pitts, 706 So. 2d 726, 1996 Ala. Civ. App. LEXIS 640, 1996 WL 493145 (Ala. Ct. App. 1996).

Opinion

MONROE, Judge.

Alton Ray Pitts sued his employer, Dunlop Tire Corporation, to recover workers’ compensation benefits for an injury he suffered while on the job. After a hearing, the trial court entered a judgment finding that Pitts’s injury had left him permanently and totally disabled. The court also awarded Dunlop a set-off of Pitts’s pension benefits against the workers’ compensation benefits to which he was entitled. Dunlop appeals from the trial court’s finding that Pitts was permanently and totally disabled. Pitts cross appeals the award of the set-off.

The record tended to show the following. Pitts, who was 51 years old at the time of trial, had worked as a maintenance mechanic at Dunlop since 1982. On September 3,1993, Pitts was repairing a gear on a tire-building machine when he twisted his neck. Pitts testified that he kept working for about a week afterward; however, he said he had to keep going to the nurses’ station for pain pills and to be “iced down.” Pitts was sent to see Dr. Robert Johnson, Dunlop’s company doctor. Dr. Johnson referred Pitts to Dr. Haws, who performed two surgeries on Pitts to relieve the pain in his neck. ' Pitts also received physical therapy, but his pain continued. Dr. Haws released Pitts to return to work in August 1994. Pitts then saw Dr. Johnson again, who determined that Pitts would “probably be unable to return to work.”

The record also shows that Pitts had a history of work-related injuries for which he received workers’ compensation benefits. He was injured in 1974 and required surgery to remove an extruded disc from his lower back. He filed a workers’ compensation claim for that injury and received a settlement. In 1988, Pitts again was injured at work and received a settlement. In July 1989 Pitts was injured in an accident at work and received a third workers’ compensation settlement. Pitts had accidents on July 29, 1992, and April 1, 1993, which resulted in a fourth workers’ compensation settlement, which was entered into after the accident in this case.

Because Pitts’s injury occurred in September 1993, the new Workers’ Compensation Act applies. The standard of review this court must apply in cases under the new Act is derived from § 25 — 5—81(e)(1), Ala.Code 1975, which provides: “In reviewing the standard of proof set forth herein and other legal issues, review by the Court of Civil Appeals shall be without a presumption of correctness.” Furthermore, the new Act provides that “in reviewing pure findings of fact, the finding of the circuit court shall not be reversed if that finding is supported by substantial evidence.” § 25-5-81(e)(2). The Alabama Supreme Court has defined “substantial evidence” as “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact [728]*728sought to be proved.” West v. Founders Life Assurance Co., 547 So.2d 870, 871 (Ala.1989); Ex parte Trinity Industries, Inc., 680 So.2d 262, 268 (Ala.1996).

Dunlop argues that the trial court erred in holding that Pitts was permanently and totally disabled as a result of the September 1993 accident, in light of Pitts’s preexisting injuries, surgeries, and medical conditions. Specifically, Dunlop says, the court erred because it did not take into consideration §§ 25-5-57(a)(4)e. and 25-5-58, Ala. Code 1975.

Section 25-5-57(a)(4)e. reads as follows:

“e. Second Permanent Injuries Generally. — If an employee has a permanent disability or has previously sustained another injury than that in which the employee received a subsequent permanent injury by accident, as is specified in this section defining permanent injury, the employee shall be entitled to compensation only for the degree of injury that would have resulted from the latter accident if the earlier disability or injury had not existed.”

Section 25-5-58 reads as follows: “If the degree or duration of disability resulting from an accident is increased or prolonged because of a preexisting injury or infirmity, the employer shall be liable only for the disability that would have resulted from the accident had the earlier injury or infirmity not existed.”

In interpreting these statutes, the Alabama Supreme Court has held:

“The language of these statutes, clearly requires that the court apportion disability awards in workers’ compensation cases between work-related accidents and patent preexisting injuries or infirmities when calculating the degree or duration of a disability, and it clearly limits the liability of an employer to only the increased disability suffered by an employee above that which had existed before the injury made the basis of the claim.”

Ex parte Bratton, 678 So.2d 1079, 1082-83 (Ala.1996).

Bratton involved a man who, in 1976, at age 59, had a heart attack and retired with a disability pension. He also received disability benefits from the Social Security Administration because of his heart condition. In 1985, Bratton had a stroke that left one side of his body weak. In 1988, at the age of 71, Bratton went to work at a Wal-Mart store as a greeter, performing other jobs for the store as well, including caring for the plants in the garden shop. After working at Wal-Mart for about five years, Bratton tripped over a garden hose at the store and hit the back of his head on the floor. The trial court found that before the accident Bratton had been able to efficiently perform all of his duties at Wal-Mart, and that Bratton’s earlier heart attack and stroke did not disable him from doing the job he had been hired to do at Wal-Mart. The Supreme Court held that the evidence was sufficient to support the trial court’s findings of fact and upheld the trial court’s decision not to apportion disability benefits in accordance with §§ 25-5-57(a)(4)e and 25-5-58. Ex parte Bratton, 678 So.2d 1079.

In reaching its decision not to apportion disability benefits in this case, the trial court said that it had considered Pitts’s prior surgeries, but added:

“The Court is well satisfied from the evidence that the Plaintiff is entitled to a permanent total disability award based on the work-related accident and injury of September 3, 1993. The Court is satisfied that the Plaintiff returned to his job as .a maintenance mechanic prior to the work-related accident injury on which this Complaint is based.”

In this ease, there is evidence that, despite his prior injuries, Pitts was back at work full-time as a maintenance mechanic when the September 3, 1993, accident occurred. Although Pitts’s supervisor had cautioned him to get help when he had to do a task that required heavy exertion, Pitts said that he was performing his job without restrictions and that he often worked alone. He also said that there was no way to pick which job he was going to do because breakdowns were not evaluated until the mechanic arrived to make the evaluation. Dairy Vest, another maintenance mechanic at Dunlop, testified that before the September 1993 accident, [729]*729Pitts did the “same kind of maintenance work that all the rest of the mechanics done, just replacing gear boxes and working on the machinery.” The fact that Pitts was replacing a gear box when the September 1993 accident occurred tends to support the trial court’s finding that Pitts had returned to his job.

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Related

Ex Parte Trinity Industries, Inc.
680 So. 2d 262 (Supreme Court of Alabama, 1996)
Sanders v. Dunlop Tire Corp.
706 So. 2d 716 (Court of Civil Appeals of Alabama, 1996)
Ex Parte Bratton
678 So. 2d 1079 (Supreme Court of Alabama, 1996)
West v. Founders Life Assur. Co. of Florida
547 So. 2d 870 (Supreme Court of Alabama, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
706 So. 2d 726, 1996 Ala. Civ. App. LEXIS 640, 1996 WL 493145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunlop-tire-corp-v-pitts-alacivapp-1996.