Court: Court of Civil Appeals of Alabama; October 3, 1984; Alabama; State Appellate Court
In Stebbins Engineering Manufacturing Company v. J.T. White, the Alabama Court of Civil Appeals addressed an appeal from an employer contesting a trial court's decision that awarded an employee permanent and total disability benefits due to a workplace injury. The employee, aged 43 with limited education and a history of manual labor, sustained a back injury while working as a construction laborer. Despite undergoing surgery, he continued to experience pain, resulting in difficulty with basic activities and employment. After the injury, he managed to work for three months in a job requiring intermittent breaks due to pain but struggled to find further employment. The trial court determined the employee was permanently and totally disabled, awarding him $16,744 for past benefits and ongoing compensation of $161 per week for future disability, after accounting for $8,000 already paid.
The employer contended that the trial court erred in its findings, particularly arguing for a credit for post-injury wages. The appellate court noted that it must uphold the trial court's findings if there is any legal evidence supporting them, emphasizing that "total disability" refers to an inability to perform one's trade or secure gainful employment rather than complete helplessness. Although the employee's medical impairment was assessed at 15%, the court highlighted that the medical evaluation did not fully account for factors such as age, education, work history, and the injury's impact on the employee's earning capacity. The court affirmed the trial court's decision while considering these factors in determining disability.
In Carroll Construction Co. v. Hutcheson, the court considered expert testimony indicating the employee had a five percent disability but clarified that such medical opinions are not definitive for determining disability in workers' compensation cases. Other factors must be assessed. The employee, aged forty-three with only a sixth-grade education, demonstrated limited literacy and had only performed manual labor, with no training for other work. His current ability was restricted to light work; he could not lift, climb, or stand for extended periods. The trial court's decision to award permanent total disability benefits was upheld, as it recognized the employee's loss of earning ability based on these considerations. The employer's request for credit for wages earned during a three-month post-injury employment was denied. Prior case law indicated that credit would not be granted if the employee’s ability to work was significantly impaired by pain from the injury. The employee's limited ability to work part-time while suffering considerable pain further supported the trial court's ruling. The court affirmed the decision, with both judges concurring.
