South Alabama Utilities v. Lambert

957 So. 2d 484, 2006 Ala. Civ. App. LEXIS 660, 2006 WL 3041500
CourtCourt of Civil Appeals of Alabama
DecidedOctober 27, 2006
Docket2050198
StatusPublished
Cited by1 cases

This text of 957 So. 2d 484 (South Alabama Utilities v. Lambert) 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
South Alabama Utilities v. Lambert, 957 So. 2d 484, 2006 Ala. Civ. App. LEXIS 660, 2006 WL 3041500 (Ala. Ct. App. 2006).

Opinions

BRYAN, Judge.

South Alabama Utilities and its workers’ compensation insurance carrier, Municipal Workers Compensation Fund (collectively referred to as “the employer”1), appeal from the trial court’s judgment insofar as it (1) determined their right to a statutory credit against workers’ compensation benefits to which Dick L. Lambert was entitled, and (2) commuted the workers’ compensation benefits owed to Lambert to a lump-sum award. Lambert cross-appeals from the trial court’s judgment insofar as it failed to award a 15% penalty on unpaid workers’ compensation benefits owed to Lambert.

On June 20, 2000, Lambert, who was employed by South Alabama Utilities, was injured in a work-related accident when he was struck by an automobile. On November 27, 2001, Lambert brought a tort action (case no. CV-01-4032) against various defendants, seeking damages for injuries sustained as a result of the accident. On January 30, 2002, the employer moved to intervene in the tort action in order to protect its right, pursuant to § 25-5-11, Ala.Code 1975, to a statutory credit against workers’ compensation benefits to which Lambert was entitled. On May 10, 2002, Lambert amended his complaint in the tort action to add a claim against the employer for workers’ compensation benefits. The trial court subsequently tried the workers’ compensation claim separately from the other claims in the case.

On January 16, 2003, the trial court entered a judgment on Lambert’s workers’ compensation claim, finding him to be permanently and totally disabled. The trial court’s judgment awarded Lambert $11,717.64 in accrued permanent-total-disability benefits and $365.45 per week in permanent-total-disability benefits, effective the date of the judgment. The trial court’s judgment also ordered the employer to pay “all existing and unpaid necessary and reasonable medical expenses, if any.” The employer appealed that judgment to this court, and we affirmed the judgment without an opinion. South Alabama Utils. v. Lambert (No. 2020707, February 6, 2004), 912 So.2d 1164 (Ala.Civ.App.2004) (table), cert. denied, (No. 1030771, October 15, 2004), 923 So.2d 1153 (Ala.2004) (table).

On May 3, 2003, Lambert settled his third-party tort claims for $300,000 and gave notice of the settlement to the employer. On December 16, 2004, the employer filed a declaratory-judgment action (ease no. CV-04-4551) against Lambert, seeking a credit for the $300,000 settlement, pursuant to § 25-5-11, Ala.Code 1975. The trial court subsequently consolidated the earlier action (case no. CV-01-4032) with the declaratory-judgment action (case no. CV-04-4551). On December 30, 2004, Lambert filed a “motion to accelerate [486]*486periodic payments and for lump sum order.” In the motion, Lambert asserted that the employer had defaulted on the workers’ compensation payments due him and requested that the trial court reduce the periodic payments to a lump-sum payment, pursuant to § 25-5-86(1), Ala.Code 1975.

On July 20, 2005, the trial court entered a judgment in the declaratory-judgment action. In that judgment, the trial court found that the employer had paid Lambert the workers’ compensation benefits that had accrued up until the entry of the January 16, 2003, workers’ compensation judgment, but that it had not paid Lambert any workers’ compensation benefits that had accrued since that date. The trial court found that the employer owed Lambert $47,508.50 in accrued permanent-total-disability benefits. The trial court commuted the future permanent-total-disability benefits owed to Lambert to a present-value lump sum of $283,502.73. The trial court also calculated the employer’s pro rata share of attorney’s fees, pursuant to § 25-5-11, Ala.Code 1975; these calculations will be presented and examined in detail below. The trial court, after making its calculations, awarded Lambert a total lump-sum workers’ compensation award of $298,359.63. On August 19, 2005, the employer filed a motion to alter, amend, or vacate the judgment, which the trial court denied on October 21, 2005. The employer timely appealed, and Lambert cross-appealed.

“In a workers’ compensation case, the Court of Civil Appeals reviews the ‘standard of proof ... and other legal issues without a presumption of correctness.’ § 25 — 5—81(e)(1), Ala.Code 1975. A trial court’s judgment in a workers’ compensation case based on pure findings of fact will not be reversed if it is supported by substantial evidence. § 25-5-81(e)(2), Ala.Code 1975. 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.’ West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).”

Ex parte Professional Bus. Owners Ass’n Workers’ Comp. Fund, 867 So.2d 1099, 1102 (Ala.2003).

On appeal, the employer argues (1) that the trial court erred by commuting the permanent-total-disability payments owed to Lambert to a lump-sum award; and (2) that the trial court erred by failing to credit Lambert’s entire $300,000 settlement against the employer’s total workers’ compensation liability. On cross-appeal, Lambert argues that the trial court erred by not assessing a 15% penalty on unpaid permanent-total-disability payments, pursuant to § 25-5-59(b), Ala.Code 1975.

We first address the issue whether the trial court erred by commuting permanent-total-disability payments owed to Lambert to a lump-sum payment. Section 25-5-86, Ala.Code 1975, provides:

“For purposes of this article and Article ■ 4 of this chapter:
“(1) If the award, order, or settlement agreement is payable in installments and default has been made in the payment of an installment, the owner or interested party may, upon the expiration of 30 days from the default and upon five days’ notice to the defaulting employer or defendant, move for a modification of the award or settlement agreement by ascertaining the present value of the case, including the 15 percent penalty provision of Section 25-5-59, under the rule of computation contained in Section 25-5-85, and upon which execution may issue. The defaulting employer may relieve itself of the execution by entering [487]*487into a good and sufficient bond, to be approved by the judge, securing the payment of all future installments, and forthwith paying all past due installments with interest and penalty thereon since due. The bond shall be recorded upon the minutes of the court.”

The employer first argues that § 25-5-57(a)(4)a., Ala.Code 1975, precludes the reduction of permanent-total-disability payments to a lump-sum award, regardless of whether the employer defaults on the periodic payments. Section 25 — 5—57(a)(4)a., Ala.Code 1975, provides, in pertinent part:

“[Permanent-total-disability] payments, with the approval of the circuit judge or by the agreement of the parties, may be made monthly, quarterly, or otherwise as the parties may agree. Payments for permanent total disability shall not be ordered to be paid in a lump sum without the consent of both the employer and the employee.”

The employer contends that § 25-5-57(a)(4)a., not § 25-5-86(1), is controlling in this case. The employer argues that, because it never consented to a lump-sum payment of benefits, § 25-5-57(a)(4)a. precluded the trial court from commuting payments to a lump-sum award.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Craft
99 So. 3d 1108 (Louisiana Court of Appeal, 2012)
State of Louisiana v. Marqule Craft
Louisiana Court of Appeal, 2012

Cite This Page — Counsel Stack

Bluebook (online)
957 So. 2d 484, 2006 Ala. Civ. App. LEXIS 660, 2006 WL 3041500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-alabama-utilities-v-lambert-alacivapp-2006.