SOLOMON MOTOR CO. v. Dean

27 So. 3d 534, 2008 Ala. Civ. App. LEXIS 775, 2008 WL 5265054
CourtCourt of Civil Appeals of Alabama
DecidedDecember 19, 2008
Docket2060957
StatusPublished
Cited by1 cases

This text of 27 So. 3d 534 (SOLOMON MOTOR CO. v. Dean) 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
SOLOMON MOTOR CO. v. Dean, 27 So. 3d 534, 2008 Ala. Civ. App. LEXIS 775, 2008 WL 5265054 (Ala. Ct. App. 2008).

Opinions

PITTMAN, Judge.

Solomon Motor Company (“the employer”) appeals from a judgment of the Houston Circuit Court in favor of Earnest Dean (“the employee”) on his claim against the employer under the Alabama Workers’ Compensation Act, Ala. Code 1975, § 25-5-1 et seq. (“the Act”). In its judgment, the trial court determined, in pertinent part, that the employee was permanently and totally disabled as a result of a work-related injury to his right knee and awarded benefits under the Act commensurate with a permanent and total disability. Because the facts of this case would support only an award of permanent-partial-disability benefits based upon the schedule of injuries in the Act, see generally Ala.Code 1975, § 25-5-57(a)(3)a., we reverse and remand.

In June 2005, the employee sued the employer, asserting that on or about July 16, 2003, while performing work for the employer as a master mechanic and transmission specialist, he had “suffered an injury to his right knee and leg when he accidentally fell on, over, or upon an air-hose”; he averred that he had been per[536]*536manently and totally disabled as a result of his injury or, in the alternative, that he had been permanently partially disabled, and he requested an award of benefits under the Act. The employer answered the complaint and admitted that the employee had suffered a workplace injury and that the Act applied, but the employer denied the employee’s allegations as to the extent of his injury and affirmatively averred, among other things, that the employee’s right to compensation was limited by the seheduled-injury provisions of the Act. The employer admitted during the discovery process to having been properly notified of the employee’s injury, and the parties entered into express stipulations concerning the employee’s average weekly wage, his compensation rate, and the extent of the employer’s previous payments of temporary-total-disability benefits.

After an ore tenus proceeding, during which the trial court received a number of evidentiary exhibits and heard testimony from the employee, his wife, and two vocational expert witnesses, the trial court entered an interim order on March 5, 2007, opining that the employee was permanently and totally disabled but setting a subsequent hearing to determine whether the employee’s compensation should be limited to the schedule. After holding that hearing, the trial court entered a final judgment again determining the employee to be permanently and totally disabled and awarding nonscheduled compensation under the Act for a permanent and total disability. Following the trial court’s denial of the employer’s postjudgment motion to alter, amend, or vacate, the employer appealed.

The employer asserts that the trial court erred in awarding benefits under the Act for a permanent and total disability because, the employer says, the employee’s injury should have been treated as a “scheduled-member” injury under the provisions of the Act pertaining to permanent partial disabilities. See Ala.Code 1975, § 25-5-57(a)(3). In considering that issue, we are guided by the pertinent standard of appellate review established by our legislature in AIa.Code 1975, § 25 — 5—81(e)(1) and (2): although our review of “the standard of proof ... and other legal issues ... shall be without a presumption of correctness,” appellate review of “pure findings of fact” is subject to the caveat that reversal of a judgment based upon “pure findings of fact” by a trial court should not occur if those findings are “supported by substantial evidence.” See also Gold Kist, Inc. v. Porter, [Ms. 2060662, October 31, 2008] — So.3d —, —(Ala.Civ.App.2008).

In this court’s opinion in Norandal U.S.A., Inc. v. Graben, [Ms. 2061070, October 17, 2008],

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Related

SOLOMON MOTOR CO. v. Dean
27 So. 3d 534 (Court of Civil Appeals of Alabama, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
27 So. 3d 534, 2008 Ala. Civ. App. LEXIS 775, 2008 WL 5265054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-motor-co-v-dean-alacivapp-2008.