W.A. Kendall & Co. v. Madison ex rel. Madison

54 So. 3d 435, 2010 Ala. Civ. App. LEXIS 197, 2010 WL 2885955
CourtCourt of Civil Appeals of Alabama
DecidedJuly 23, 2010
Docket2080806
StatusPublished

This text of 54 So. 3d 435 (W.A. Kendall & Co. v. Madison ex rel. Madison) 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
W.A. Kendall & Co. v. Madison ex rel. Madison, 54 So. 3d 435, 2010 Ala. Civ. App. LEXIS 197, 2010 WL 2885955 (Ala. Ct. App. 2010).

Opinion

BRYAN, Judge.

W.A. Kendall & Company, Inc. (“W.A. Kendall”), appeals from a judgment awarding Benjamin Dean Madison workers’ compensation benefits.1 We reverse and remand.

In its judgment, the trial court made extensive findings of fact, some of which we now recite:

“[W.A. Kendall hired Madison] as a bucket operator and tree climber.
“... [Madison’s] job duties with [W.A. Kendall] required him to climb, cut and clear trees and brush at job sites where [W.A. Kendall] was hired to work. [Madison] testified that it was very common to get scratches, cuts and[ ] scrapes on his arms while doing this type of work.
“.... Beginning in September, 2005, Madison worked for [W.A. Kendall] in ... Texas cleaning up fallen trees [after [437]*437Hurricane Katrina had made landfall]. [Madison] testified that the living conditions for this job were often primitive, camping out in two-man tents at an abandoned schoolhouse while bathing in creeks and ponds as there was no electricity or running water for several weeks. ...
“.... [Madison] testified that not long after he started work in Texas, while still living in tents, he became ill and noticed he had two boils under his left arm[, ie., in the area of his left armpit]. He informed a supervisor named Billy McCollum. On September 26, 2005, Madison was taken by Mr. McCollum to Memorial Hermann Baptist Hospital in Beaumont, Texas for treatment. The boils were lanced, he was given a shot[,] and [he] then returned to work. [W.A. Kendall] did not pay for this medical care to [Madison].”

Madison testified that, after the left-armpit boils were lanced, he did not experience a recurrence of boils in that area. Madison continued to work his normal job in Texas during the fall of 2005. In early December 2005, Madison returned to Alabama, where he continued to work for W.A. Kendall. Madison’s mother, Linda Locke Madison, testified at trial that Madison had a persistent wound on his right wrist when he returned to Alabama. In its judgment, the trial court found that Madison had sustained the right-wrist wound “while working in Texas.”

In mid-December 2005, Madison developed a fever while at work one day. Madison notified his supervisor that he had a fever and that he needed to see a doctor. However, Madison sat in his automobile the remainder of the work day; he did not return to work the following day. Shortly thereafter, on December 15, 2005, Madison’s mother found Madison unconscious. Ms. Madison took Madison to Northwest Medical Center (“NMC”) in Winfield, Alabama, where he was admitted. It was determined that Madison, who was diabetic, was suffering from diabetic ketoacidosis. On December 18, 2005, while at NMC, Madison was diagnosed as having a staph infection in his bloodstream. The trial court found:

“Ms. Madison ... testified that after her son was first admitted to [NMC], she called [W.A. Kendall’s] place of business and notified them that her son was in the hospital and very ill. She spoke with a[n unidentified] female. ... This phone call was on or about December 19, 2005. Ms. Madison testified that neither she nor her son ever heard back from anyone in management or supervisors at [W.A.] Kendall in response to this call.”

During his stay at NMC, Madison continued to have a “nonhealing” wound on his right wrist. The wrist wound was red, swollen, and appeared to be infected. On December 23, 2005, Madison was released from NMC, but he was readmitted to that hospital on December 27, 2005, after experiencing shortness of breath.

Soon after returning to NMC, Madison was diagnosed as having endocarditis of the mitral valve in his heart. On December 28, 2005, Madison was transferred to the University of Alabama at Birmingham Hospital (“UAB Hospital”). On January 10, 2006, while at UAB Hospital, Madison underwent surgery to replace his infected mitral valve. The trial court found that, while he was “at UAB [Hospital,] ... Madison learned that the staph infection [had led] to [his] endocarditis.” Also while he was at UAB Hospital, Madison had surgery to repair a hole in his esophagus. The trial court noted that Madison later suffered from blurred vision, permanent vision loss, headaches, “mini strokes” occurring in his eyes, congestive heart failure, and kidney damage.

[438]*438On September 18, 2006, Madison sued W.A. Kendall, seeking workers’ compensation benefits. The complaint alleged that Madison had contracted his staph infection as a result of his employment with W.A. Kendall and that the staph infection had subsequently caused injuries to Madison’s heart, kidneys, and esophagus. W.A. Kendall answered and denied liability. The trial court held a trial on December 9, 2008. At trial, the parties disputed, among other things, whether Madison had given proper notice of his allegedly work-related injuries. On May 26, 2009, the trial court entered a judgment determining that Madison was permanently and totally disabled and awarding him accrued and future permanent-total-disability benefits and accrued and future medical expenses. In its judgment, the trial court indicated that both Madison’s right-wrist injury and the two boils that had been lanced in Texas were “factors of causation” regarding his staph infection. The trial court then found that Madison’s staph infection in turn led to his endocarditis and “several related and permanent medical conditions.” The trial court determined that W.A. Kendall had received proper notice because, the trial court found, W.A. Kendall had received notice of Madison’s boils in September 2005. The trial court found: “[Madison] suffered an on-the-job injury and ... he notified [W.A. Kendall] by verbally informing his supervisors of the boils on his left arm. The Court therefore finds that the notice provisions have been met.” The trial court did not address whether W.A. Kendall received proper notice of Madison’s right-wrist injury. W.A. Kendall timely appealed.

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 Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)).

Because Madison sought benefits for injuries allegedly caused by a work-related accident, at trial he bore the burden of establishing the necessary elements of his claim by a preponderance of the evidence. § 25-5-81 (c), Ala.Code 1975.

“ ‘Although “substantial evidence” must be found by the appellate court in order to sustain the trial court’s findings in any workers’ compensation case, it is necessary to take into consideration the nature qf the finding that must be made by the trial court in order to determine what qualifies as “substantial evidence” to support that finding.

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Cite This Page — Counsel Stack

Bluebook (online)
54 So. 3d 435, 2010 Ala. Civ. App. LEXIS 197, 2010 WL 2885955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wa-kendall-co-v-madison-ex-rel-madison-alacivapp-2010.