Hokes Bluff Welding and Fabrication v. Cox

33 So. 3d 592, 2008 Ala. Civ. App. LEXIS 701, 2008 WL 4757149
CourtCourt of Civil Appeals of Alabama
DecidedOctober 31, 2008
Docket2070253
StatusPublished
Cited by14 cases

This text of 33 So. 3d 592 (Hokes Bluff Welding and Fabrication v. Cox) 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
Hokes Bluff Welding and Fabrication v. Cox, 33 So. 3d 592, 2008 Ala. Civ. App. LEXIS 701, 2008 WL 4757149 (Ala. Ct. App. 2008).

Opinions

MOORE, Judge.

Hokes Bluff Welding and Fabrication (“the employer”) appeals from a judgment entered by the Etowah Circuit Court awarding Christopher Neil Cox (“the employee”) permanent-total-disability benefits under the Alabama Workers’ Compensation Act (“the Act”), Ala.Code 1975, § 25-5-1 et seq., as a result of a lower-back injury that the trial court determined was caused by a November 9, 2004, occupational accident.

Procedural History

On January 20, 2005, the employee filed a complaint against the employer seeking workers’ compensation benefits. In that complaint, the employee alleged that he had injured his lower back in a work-related accident on November 9, 2004. On February 22, 2005, the employer filed an answer generally denying that the employee had injured his back as alleged and asserting various affirmative defenses, including the applicable statute of limitations.

The employee filed an amended complaint on July 8, 2005. In the amended complaint, the employee asserted that he had also injured his lower back in a work-related accident on December 19, 2000, and that the employer was estopped from asserting the statute of limitations as a defense to his claim for disability benefits for that accident. The employer filed an answer admitting that the employee had injured his back in 2000 as alleged but affirmatively pleading the applicability of the statute of limitations.

On June 20, 2006, the trial court bifurcated the issues for trial purposes. The trial court then conducted a trial on August 31, 2006, relating solely to the issues of the employer’s liability for the two alleged injuries and the employer’s statute-of-limitations defense. On December 8, 2006, the trial court entered an order finding that the employee had sustained a work-related lower-back injury on December 19, 2000. The trial court concluded that the statute of limitations had expired on the employee’s claim for disability benefits for that injury but that the statute of limitations did not affect his claim for medical benefits for that injury. The trial [594]*594court also found that the employee had sustained a new injury to his lower back on November 9, 2004, and that that injury arose out of and in the course of his employment with the employer. The employer filed a “motion to reconsider and/or to alter, amend or vacate the judgment” on January 8, 2007; that motion was denied on January 24, 2007.

On February 14, 2007, the employee filed a motion to compel the employer to pay temporary-total-disability benefits based on the December 8, 2006, order. The employer argued that the December 8, 2006, order was not a final judgment that would support an appeal and that it was withholding payment pending an appellate determination as to the merit of its defense to liability. On October 23, 2007, the trial court conducted a final hearing to determine the benefits payable by the employer to the employee for the November 9, 2004, injury. The trial court entered a judgment on November 12, 2007, awarding the employee permanent-total-disability benefits as a result of the November 9, 2004, injury. On December 21, 2007, the employer filed a notice of appeal from that judgment as well as from the December 8, 2006, order.1

Issues

The Act provides that an employee must file a claim within two years of the date of the accident causing the personal injury for which the employee seeks compensation. See § 25-5-80, Ala.Code 1975. An “accident,” for purposes of the statute of limitations, is “an unexpected or unforeseen event, happening suddenly and violently, with or without human fault, and producing at the time injury to the physical structure of the body .... ” § 25-5-1(7), Ala.Code 1975 (emphasis added). Hence, when a worker has sustained two work-related accidents, one within the statutory limitations period and the other outside the statutory limitations period, the applicability of the statute of limitations depends on which of the two accidents caused the worker’s personal injury. See Ex parte Rhea, 807 So.2d 541 (Ala.2001), on remand, Diamant Boart American Wheel Trueing Tool Co. v. Rhea, 807 So.2d 546 (Ala.Civ.App.2001); Poole v. Ellard Contracting Co., 527 So.2d 1327 (Ala.Civ.App.1988); Baggett v. Builders Transp., Inc., 457 So.2d 413 (Ala.Civ.App.1984); and Morgan v. Rheem Mfg. Co., 395 So.2d 1030 (Ala.Civ.App.1981). In Fort James Operating Co. v. Crump, 947 So.2d 1053 (Ala.Civ.App.2005), this court recognized that in cases of multiple accidents, the effective date commencing the limitations period turns on whether the personal injury may be characterized as a recurrence, an aggravation, or a new injury. 947 So.2d at 1065. If, following the second accident, the worker experiences a recurrence of the prior injury, any claim for benefits based on that recurrence relates back to the date of the original accident; on the other hand, if the second accident aggravates the personal injury caused by the first accident, or the second accident results in a new injury, then the limitations period commences on the date of the second accident. Id.

“A court finds a recurrence when ‘the second [accident] does not contribute even slightly to the causation of the [injury].’ 4 A. Larson, The Law of Workmen’s Compensation, § 95.23 at [595]*59517-142 (1989). ‘[T]his group also includes the kind of case in which a worker has suffered a back strain, followed by a period of work with continuing symptoms indicating that the original condition persists, and culminating in a second period of disability precipitated by some lift or exertion.’ 4 A. Larson, § 95.23 at 17-152. A court finds an ‘aggravation of an injury’ when the ‘second [injury] contributed independently to the final disability.’ 4 A. Larson, § 95.22 at 17-141.”

United States Fidelity & Guar. Co. v. Stepp, 642 So.2d 712, 715 (Ala.Civ.App.1994). “The second injury is characterized as a ‘new injury’ if it is the sole cause of the final disability.” Ex parte Pike County Comm’n, 740 So.2d 1080, 1083 n. 2 (Ala.1999).

The parties are at issue over the trial court’s finding in its final judgment that the 2004 accident resulted in a “new injury” and “[not] a reoccurrence or continuation of the December, 2000 incident.”2 The employer maintains that substantial evidence does not support that finding because the totality of the evidence indicates that the employee did not sustain a new injury due to the 2004 accident, and the employer asserts that the trial court im-permissibly drew adverse inferences from the evidence without the benefit of expert medical testimony. The employee acknowledges that he did not present any expert medical testimony to support his claim, but he argues that the totality of the evidence supports the trial court’s finding.

Standard of Review

In Ex parte Price, 555 So.2d 1060 (Ala.1989), our supreme court stated: “As the finder of facts, ... the trial court is authorized to draw any reasonable inference from the evidence, including conclusions of medical facts that are not within the peculiar knowledge of medical experts.” Price, 555 So.2d at 1062. Accordingly,

“lay testimony may combine with medical testimony to supply th[e] requisite proof; and ...

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Hokes Bluff Welding and Fabrication v. Cox
33 So. 3d 592 (Court of Civil Appeals of Alabama, 2008)

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Bluebook (online)
33 So. 3d 592, 2008 Ala. Civ. App. LEXIS 701, 2008 WL 4757149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hokes-bluff-welding-and-fabrication-v-cox-alacivapp-2008.