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Piggly Wiggly Alabama Distributing Co. v. Barnes
Citations: 571 So. 2d 1197; 1990 Ala. Civ. App. LEXIS 543; 1990 WL 177716Docket: Civ. 7718
Court: Court of Civil Appeals of Alabama; November 13, 1990; Alabama; State Appellate Court
Terrell Barnes sustained an on-the-job injury on June 25, 1987, while employed by Piggly Wiggly. Following an ore tenus hearing, the trial court concluded that Barnes was 30% permanently partially disabled and awarded him workmen’s compensation benefits. The employer appealed, arguing that the trial court erred by awarding benefits without establishing that Barnes suffered a loss of ability to earn. The appellate court agreed, noting that although the trial court presented Barnes's pre- and post-injury earnings, it did not find a loss of earning capacity. The court emphasized that such a finding is necessary to justify compensation under the law, citing legal precedents. As a result, the appellate court reversed the trial court’s decision and remanded the case for a determination of whether Barnes experienced a loss of earning capacity. The court did not address the employer’s other arguments due to the significance of this issue. The decision was concurred by Judges Ingram and Robertson.