West Fraser, Inc. v. Caldwell

104 So. 3d 901, 2012 WL 2947880
CourtSupreme Court of Alabama
DecidedJuly 20, 2012
Docket1110513
StatusPublished
Cited by8 cases

This text of 104 So. 3d 901 (West Fraser, Inc. v. Caldwell) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Fraser, Inc. v. Caldwell, 104 So. 3d 901, 2012 WL 2947880 (Ala. 2012).

Opinions

STUART, Justice.

This Court issued a writ of certiorari to determine whether the decision of the Court of Civil Appeals in West Fraser, Inc. v. Caldwell, 104 So.3d 889 (Ala.2012), conflicts with the parameters of appellate review set out in Ex parte McInish, 47 So.3d 767 (Ala.2008). We conclude that it does, and we reverse and remand.

Facts and Procedural History

On January 29, 2010, Windell Caldwell, Sr., sued West Fraser, Inc., seeking worker’s compensation benefits for a back injury he allegedly sustained while in the line and scope of his employment. On March 8, 2011, the trial court conducted a hearing, at which ore tenus evidence was presented, to determine the sole issue whether the injury was compensable.

At the hearing, Caldwell testified that on December 17, 2009, he reported to work and was assigned the task of replacing the “knives” on a mulching machine. According to Caldwell, in order to complete the task he had to lift 2 boxes, each weighing 50-100 pounds, and move a screen, weighing 80 pounds. Caldwell testified that he could not complete the task because while he was performing the task he felt three “pinches” in his back, causing him pain. He informed his supervisor, Bobby Hill, that he was suffering from back pain and that he was leaving work to see a doctor. Unable to drive, Caldwell contacted his wife, Rhonda, who picked him up and drove him to Auburn Urgent Care, a freestanding emergency medical clinic. According to testimony from both Caldwell and Rhonda, they informed the medical staff at Auburn Urgent Care that Caldwell’s back pain was the result of an injury that had occurred at work. The medical records from that visit, however, contained a notation indicating that “no injury” was reported.

[903]*903Caldwell further testified that on December 19, 2009, because his back pain was not subsiding, he had Rhonda drive him to the emergency room at East Alabama Medical Center. Caldwell and Rhonda testified that they told the medical staff at East Alabama Medical Center that Caldwell’s back pain was caused by a work-related injury. The medical records for that day’s visit, however, indicated that Caldwell “denie[d] injury.”

Caldwell testified that on December 21, 2009, he again visited Auburn Urgent Care. The medical records from that visit referenced an “injury [on] 12/17.”

On December 22, 2009, Caldwell informed West Fraser, via a facsimile transmission from his counsel, that he had injured his back at work on December 17, 2009.

The deposition testimony of Dr. David Scott, an orthopaedic surgeon who treated Caldwell, was admitted into evidence. Dr. Scott testified that Caldwell’s injuries were consistent with the lifting incident Caldwell had described occurring at work but that the injury also could have occurred in a number of ways.

West Fraser presented testimony from two of Caldwell’s supervisors and a coworker. Hill testified that when Caldwell informed him on December 17, 2009, that he was leaving work because he was experiencing back pain, Caldwell did not say how he had injured his back or that the injury was a work-related injury. Wilbert “Butch” McCants, a coworker of Caldwell’s, testified that he was working near Caldwell on the day of the alleged injury and that he did not hear Caldwell say that he had been injured or that he was in pain. He explained that he later learned that Caldwell was suffering from back pain. McCants admitted that, although Caldwell had complained of back pain in the past, he did not know whether the back pain Caldwell was suffering when he left work was caused by a work injury or by some other injury. James “Chris” Baker, another supervisor, testified that, when he learned that Caldwell was out on medical leave, he telephoned Caldwell to investigate his condition. He stated that Caldwell informed him that he had hurt his back and that it had been bothering him for several weeks. Baker testified that he had no knowledge of how Caldwell had injured his back.1

The trial court held that Caldwell had suffered a compensable injury, stating in a written order:

“The Court heard testimony from several witnesses regarding whether [Caldwell’s] injury was work-related. The testimony before the Court was that [Caldwell] was injured on December 17, 2009, while changing the ‘knives’ on a piece of equipment. He reported this injury to his supervisor and was driven to Auburn Urgent Care by his wife, as he was unable to drive his own vehicle due to the pain. Medical records offered reflected that there was no work-related injury. However, [Caldwell] and his wife testified that he told medical personnel that his pain was due to an injury at work and that the records were incorrect. The medical personnel who completed the medical reports did not testify at the hearing and were not deposed. Therefore, the Court was without the benefit of their testimony.
“The Court finds that [Caldwell] and his wife are credible witnesses. [Caldwell] has a roughly 20-year work history with [West Fraser] or its predecessors [904]*904and has been a model employee. The Court places a great deal of weight on [Caldwell’s] exemplary work history for the same employer.
“Having considered the testimony and evidence presented, as well as the arguments of counsel, the Court finds that [Caldwell] has met his burden of proof.... The Court finds that [Caldwell] has suffered a compensable injury and is entitled to medical coverage as well as temporary total disability from the time of the accident.”

(Footnote omitted.)

West Fraser appealed the trial court’s judgment to the Court of Civil Appeals, arguing that Caldwell had not met his burden of proof in establishing compensa-bility. The Court of Civil Appeals agreed and reversed the trial court’s judgment, holding that although

“[Caldwell] presented some evidence indicating that he injured his back [at work] ..., that evidence does not amount to substantial evidence that will support the determination of the trial court.”

104 So.3d at 900.

Standard of Review

[1-4] “The standard of appellate review in workers’ compensation cases is governed by § 25-5-81(e), Ala.Code 1975, which provides that, ‘[i]n 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., 547 So.2d 870, 871 (Ala.1989)).

“When evidence is presented ore ten-us, it is the duty of the trial court, which had the opportunity to observe the witnesses and their demeanors, and not the appellate court, to make credibility determinations and to weigh the evidence presented. Blackman v. Gray Rider Truck Lines, Inc., 716 So.2d 698, 700 (Ala.Civ.App.1998). The role of the appellate court is not to reweigh the evidence but to affirm the judgment of the trial court if its findings are reasonably supported by the evidence and the correct legal conclusions have been drawn therefrom. Ex parte Trinity Indus., 680 So.2d at 268-69; Fryfogle v. Springhill Mem’l Hosp., Inc.,

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Cite This Page — Counsel Stack

Bluebook (online)
104 So. 3d 901, 2012 WL 2947880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-fraser-inc-v-caldwell-ala-2012.