McWane, Inc. v. McClurg

59 So. 3d 48, 2010 Ala. Civ. App. LEXIS 78, 2010 WL 1170081
CourtCourt of Civil Appeals of Alabama
DecidedMarch 26, 2010
Docket2080382
StatusPublished

This text of 59 So. 3d 48 (McWane, Inc. v. McClurg) 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
McWane, Inc. v. McClurg, 59 So. 3d 48, 2010 Ala. Civ. App. LEXIS 78, 2010 WL 1170081 (Ala. Ct. App. 2010).

Opinions

BRYAN, Judge.

McWane, Inc., appeals from the trial court’s judgment awarding Donald P. McClurg permanent-total-disability benefits under the Alabama Workers’ Compensation Act, § 25-5-1 et seq., Ala.Code 1975 (“the Act”). We affirm.

McClurg worked as an maintenance electrician for McWane, a company that produces cast-iron pipe. On October 25, 2005, McClurg was injured in a workplace accident in which he was crushed between a pipe aligner and a pipe. In the accident, McClurg sustained fractures to several bones on the right part of his upper body, a punctured liver, contusions, and nerve damage. Following the accident, McClurg received extensive medical treatment for his injuries, and he did not return to work.

McClurg subsequently sued McWane, seeking workers’ compensation benefits. McWane filed an answer denying the material allegations of the complaint and asserting various affirmative defenses, including the defense of willful misconduct. In August 2008, the trial court held a trial at which it received oral testimony and documentary evidence. In October 2008, the trial court entered a judgment awarding McClurg permanent-total-disability benefits as a result of the injuries caused by the workplace accident. The trial court noted that, “[sjince the [accident, McClurg] has suffered from constant pain, severe sleep disorder, physical disabilities and mental problems.” McWane filed a postjudgment motion to alter, amend, or vacate the judgment, and, in January 2009, the trial court entered an amended judgment slightly modifying the original judgment. McWane subsequently filed a timely notice of appeal to this court.

Standard of Review

Section 25-5-81(e), Ala.Code 1975, provides the standard of review in workers’ compensation cases:

“(1) 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.
“(2) In reviewing pure findings of fact, the finding of the circuit court shall not be reversed if that finding is supported by substantial evidence.”

Substantial evidence is “‘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.’” Ex parte Trinity Indus., Inc., 680 So.2d 262, 268 (Ala.1996) (quoting West v. Founders Life [51]*51Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)).

“Our review is restricted to a determination of whether the trial court’s factual findings are supported by substantial evidence. Ala.Code 1975, § 25-5-81(e)(2). This statutorily mandated scope of review does not permit this court to reverse the trial court’s judgment abased on a particular factual finding on the ground that substantial evidence supports a contrary factual finding; rather, it permits this court to reverse the trial court’s judgment only if its factual finding is not supported by substantial evidence. See Ex parte M & D Mech. Contractors, Inc., 725 So.2d 292 (Ala.1998). A trial court’s findings of fact on conflicting evidence are conclusive if they are supported by substantial evidence. Edwards v. Jesse Stutts, Inc., 655 So.2d 1012 (Ala.Civ.App.1995).”

Landers v. Lowe’s Home Ctrs., Inc., 14 So.3d 144, 151 (Ala.Civ.App.2007) (opinion on original submission). The “appellate court must view the facts in the light most favorable to the findings of. the trial court.” Ex parte Professional Bus. Owners Ass’n Workers’ Comp. Fund, 867 So.2d 1099, 1102 (Ala.2003).

Discussion

I.

On appeal, McWane first argues that the trial court erred in awarding compensation to McClurg because, McWane says, McClurg’s injuries were caused by his willful misconduct. More specifically, McWane argues that McClurg committed willful misconduct by failing to follow McWane’s “lockout/tagout procedure,” which we will discuss below. Section 25-5-51, Ala.Code 1975, provides that “no compensation shall be allowed for an injury or death caused by the willful misconduct of the employee.” Willful misconduct is an affirmative defense, Ex parte Bowater, Inc., 772 So.2d 1181, 1181-82 (Ala.2000); an employer bears the burden of proving that an employee’s willful conduct caused the alleged injury. § 25-5-36, Ala. Code 1975.

In Musgrove Construction, Inc. v. Malley, 912 So.2d 227, 234-35 (Ala.Civ.App.2003), this court discussed the defense of willful misconduct:

“Both our supreme court and this court have considered the application of the ‘willful misconduct’ bar in several cases. One of the earlier cases that discussed the application of the willful-misconduct bar adopted the view that ‘the mere violation of rules, when not willful or intentional, is not “willful misconduct” within the meaning of the law.’ Ex parte Woodward Iron Co., 212 Ala. 220, 225, 102 So. 103, 107 (1924). The court further explained that ‘the phrase “willful misconduct,” as used in the [Workmen’s Compensation Act], includes all conscious or intentional violations of definite law or definitely prescribed rules of conduct, as to which obedience is not discretionary, as contra-distinguished from inadvertent, unconscious, or involuntary violations thereof.’ Ex parte Woodward Iron, 212 Ala. at 223, 102 So. at 105-06.
“As questions arose as to what exactly constituted a ‘willful’ violation of a law or rule, the supreme court explained that ‘[t]he test is not the doing of an act for the purpose and with the specific intent of violating a rule, but the willful and conscious doing of the act which is in violation of the reasonable rule known to the [worker].’ Sloss-Sheffield Steel & Iron Co. v. Greer, 216 Ala. 267, 270, 113 So. 271, 273 (1927). The court explained that a worker may be guilty of willful misconduct without having an intent to break the rule, that is, without having ‘thought or deliberated as to the rule [52]*52and its breach.’ Greer, 216 Ala. at 269, 113 So. at 273. Specifically, the court commented that an employer, to establish that a worker was guilty of willful misconduct, should show:
“ ‘that the [worker] intentionally did an act which is in violation of a known and reasonable rule, that was known to the [worker], and that the act was with a knowledge and appreciation on the part of the [worker], of what that violation involved, and the natural and probable result of the misconduct in the premises.’
“Id. The court summed up its discussion by stating that ‘[i]f, then, the [worker] knows the rule, and the natural, probable, and serious result of its violation and with such knowledge does the act of violation, such act is deliberately done and is willful misconduct.’ Greer, 216 Ala. at 270, 113 So. at 273.
“The supreme court further explained the concept of a ‘willful’ violation of a law or rule in Sloss-Sheffield Steel & Iron Co. v. Nations, 236 Ala. 571, 183 So. 871 (1938). The court first commented that Greer had held that the employer need not show that the worker ‘was thinking of the rule at the time, and entertained the specific intent to violate it.’ Nations, 236 Ala. at 575, 183 So. at 873. The court then went further to define ‘willful,’ stating:

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Related

Beatrice Foods Co. v. Gray
431 So. 2d 1299 (Court of Civil Appeals of Alabama, 1983)
King v. Empire Collieries Co.
139 S.E. 478 (Supreme Court of Virginia, 1927)
Landers v. LOWE'S HOME CENTERS, INC.
14 So. 3d 144 (Court of Civil Appeals of Alabama, 2007)
Ex Parte Trinity Industries, Inc.
680 So. 2d 262 (Supreme Court of Alabama, 1996)
Ex Parte M & D Mechanical Contractors, Inc.
725 So. 2d 292 (Supreme Court of Alabama, 1998)
Edwards v. Jesse Stutts, Inc.
655 So. 2d 1012 (Court of Civil Appeals of Alabama, 1995)
Ex Parte Holton
886 So. 2d 83 (Supreme Court of Alabama, 2003)
Ex Parte Prof. Bus. Owners Ass'n Wkrs. Comp. Fund
867 So. 2d 1099 (Supreme Court of Alabama, 2003)
Ex Parte Bowater, Inc.
772 So. 2d 1181 (Supreme Court of Alabama, 2000)
J.S. Walton and Co. v. Reeves
396 So. 2d 699 (Court of Civil Appeals of Alabama, 1981)
West v. Founders Life Assur. Co. of Florida
547 So. 2d 870 (Supreme Court of Alabama, 1989)
Clear Creek Transp., Inc. v. Peebles
911 So. 2d 1059 (Court of Civil Appeals of Alabama, 2004)
Musgrove Constr., Inc. v. Malley
912 So. 2d 227 (Court of Civil Appeals of Alabama, 2005)
Sloss-Sheffield Steel & Iron Co. v. Nations
183 So. 871 (Supreme Court of Alabama, 1938)
Sloss-Sheffield Steel & Iron Co. v. Greer
113 So. 271 (Supreme Court of Alabama, 1927)
Ex Parte Woodward Iron Co.
102 So. 103 (Supreme Court of Alabama, 1924)

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Bluebook (online)
59 So. 3d 48, 2010 Ala. Civ. App. LEXIS 78, 2010 WL 1170081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcwane-inc-v-mcclurg-alacivapp-2010.