Shoney's, Inc. v. Rigsby

971 So. 2d 722, 2007 Ala. Civ. App. LEXIS 27, 2007 WL 80505
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 12, 2007
Docket2041069
StatusPublished
Cited by15 cases

This text of 971 So. 2d 722 (Shoney's, Inc. v. Rigsby) 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
Shoney's, Inc. v. Rigsby, 971 So. 2d 722, 2007 Ala. Civ. App. LEXIS 27, 2007 WL 80505 (Ala. Ct. App. 2007).

Opinion

971 So.2d 722 (2007)

SHONEY'S, INC.
v.
Sachiko RIGSBY.

2041069.

Court of Civil Appeals of Alabama.

January 12, 2007.
Rehearing Denied April 6, 2007.

*723 Amy K. Myers and George R. Parker of Bradley Arant Rose & White, LLP, Birmingham, for appellant.

Gatewood A. Walden, Montgomery, for appellee.

MURDOCK, Judge.

Shoney's, Inc., appeals from a judgment of the Montgomery Circuit Court awarding workers' compensation benefits to Sachiko Rigsby for a permanent and total disability arising from carpal tunnel syndrome.

In January 2002, Rigsby filed this action seeking workers' compensation benefits. This case was tried ore tenus on May 10, 2004. On May 31, 2005, the trial court entered a judgment awarding Rigsby workers' compensation benefits for a permanent and total disability based on its findings that Rigsby suffered from carpal tunnel syndrome in both wrists and that her carpal tunnel syndrome was caused by her employment.

Shoney's filed a postjudgment motion under Rule 59(e), Ala. R. Civ. P. On August 17, 2005, the trial court entered an amended judgment that made detailed findings about the repetitive nature of many of Rigsby's job tasks and Rigsby's constant use of her hands at work. Regarding the testimony of Dr. Edward E. Palmer, Rigsby's treating orthopedic surgeon, the trial court stated:

"[Dr. Palmer] suspected [Rigsby] would have continued pain if she tries to do heavy manual-type work. He defined heavy manual-type work as `gripping, lifting type activity.' On cross-examination, when asked if there were doctors who hold to the opinion that repetitive motion is the cause of, or can be the cause of carpal tunnel syndrome, Dr. Palmer answered in the affirmative. Dr. Palmer also testified that Mrs. Rigsby was truthful about her complaints and about all other aspects of her problems, and he agreed that it is common for his patients who are suffering carpal tunnel syndrome to complain to him that some repetitive work or motion that they were doing caused their carpal tunnel syndrome.
". . . .
"The Court has observed Mrs. Rigsby during the trial of this cause, and has interrogated her, and finds her to be credible. . . . Accordingly, the Court finds this to be clear and convincing evidence that she suffered injuries to her left and right arms, wrist, hands, commonly referred to as carpal tunnel syndrome, and an injury to her left thumb called a trigger-finger. The Court further finds from the clear and convincing evidence that the proximate cause of these injuries was the repetitive type work Mrs. Rigsby performed as a kitchen worker for Shoney's over a period of twenty-nine and one-half years. The Court also takes note of the fact that Shoney's produced no evidence to refute Mrs. Rigsby's claim that she sustained the injuries that she claims to have sustained, nor has it produced any evidence to refute Mrs. Rigsby's claim that her injuries were proximately caused by the repetitive type work she did at Shoney's during her period of employment."

Shoney's filed a timely appeal, contending (1) that Rigsby's injury was a cumulative-physical-stress disorder and that she did not prove by clear and convincing evidence that her injury was caused by her employment, (2) that the trial court erred in awarding Rigsby permanent and total disability when her injury was solely to a scheduled member, her right hand and/or her right arm, and (3) that the trial court *724 erred in determining that Rigsby was totally disabled.

Rigsby was 54 years old at the time of the trial in 2004.[1] Rigsby worked for Shoney's from 1972 until April 2001 as a kitchen "prep" worker and, more recently, as a "kitchen manager." Most of Rigsby's job duties throughout her career required constant use of her hands, including cutting, chopping, peeling, cooking, washing pots, pans, and utensils, mopping, sweeping, and lifting sacks and boxes weighing as much as 50 pounds. Rigsby regularly worked between 55 and 60 hours per week.

In April 2000, Rigsby visited Dr. Palmer, complaining of pain and numbness in her hands and wrists. Dr. Palmer diagnosed Rigsby as having (1) "trigger thumb" that caused her left thumb to pop and lock up, (2) carpal tunnel syndrome in her right wrist, and (3) tendinitis in her left wrist. Dr. Palmer treated Rigsby with cortisone injections, which did not alleviate the pain in Rigsby's wrists.

In June 2000, Dr. Palmer performed a carpal-tunnel-release surgery on Rigsby's right wrist. In July 2000, Rigsby reported to Dr. Palmer that her condition had much improved and he released her to return to work without restriction. Rigsby returned to work at her job at Shoney's from July 2000 until April 2001. After Rigsby returned to work, she again complained of pain and numbness in her hands and wrists, and Rigsby quit work in April 2001 because of the pain in her hands and wrists. Rigsby has not worked since April 2001. Rigsby testified that she is able to do some housework, to drive on occasion, and to shop for groceries, but her hands hurt if she does too much. Rigsby takes pain medication because of the pain in her hands and wrists.

We first address Shoney's argument regarding the sufficiency of the evidence. Rigsby's condition is a "cumulative physical stress disorder." Consequently, the trial court's judgment in her favor had to be based upon evidence that the trial court could and did find to clearly and convincingly establish medical causation. Section 25-5-81(c) provides:

"(c) Evidence. The decision of the court shall be based on a preponderance of the evidence as contained in the record of the hearing, except in cases involving injuries which have resulted from gradual deterioration or cumulative physical stress disorders, which shall be deemed compensable only upon a finding of clear and convincing proof that those injuries arose out of and in the course of the employee's employment.
"For the purposes of this amendatory act, `clear and convincing' shall mean evidence that, when weighted against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt."

(Emphasis added.)

We also are mindful that "[t]his court is precluded from weighing the evidence presented before the trial court" and that "[w]e merely examine the record to determine if the conclusion of the trial court is reasonably supported by the evidence." Fryfogle v. Springhill Mem'l Hosp., Inc., 742 So.2d 1255, 1258 (Ala.Civ. *725 App.1998), aff'd, 742 So.2d 1258 (Ala.1999). We have carefully examined the evidence presented in the present case, including the testimony of Rigsby, the testimony of Dr. Palmer, and the medical records. We cannot conclude as a matter of law that that evidence, particularly given the dearth of evidence in opposition, was insufficient to support the trial court's finding of causation. The trial court's judgment is therefore not due to be reversed on this ground.

We turn now to Shoney's second argument. Shoney's contends, and we agree, that the trial court erred in treating Rigsby's injury as an unscheduled injury to the body as a whole, rather than as a scheduled injury under § 25-5-57(a)(3), Ala.Code 1975.

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Bluebook (online)
971 So. 2d 722, 2007 Ala. Civ. App. LEXIS 27, 2007 WL 80505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoneys-inc-v-rigsby-alacivapp-2007.