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Sterling Plumbing Group, Inc. v. Goode

Citations: 608 So. 2d 410; 1992 Ala. Civ. App. LEXIS 457; 1992 WL 238119Docket: 2910217

Court: Court of Civil Appeals of Alabama; September 25, 1992; Alabama; State Appellate Court

Narrative Opinion Summary

Charles Goode, while employed by Sterling Plumbing Group, Inc., was found by the trial court to have suffered a permanent partial disability resulting in a 40% decrease in his earning capacity. The court awarded him compensation benefits based on testimony from Goode, a certified vocational expert Ann Darnell, and orthopedic surgeon Dr. Mark Leberte, who treated Goode’s back condition with two laminectomies and a fusion. The employer appealed, questioning the trial court's determination of loss of earning capacity. Upon review, the judgment was affirmed, referencing precedents from *Ex parte Eastwood Foods Inc.* and *Morrow Drilling Co. v. Adkins*. Justices Thigpen and Russell concurred with the decision.

Legal Issues Addressed

Appellate Review of Trial Court's Determination of Loss of Earning Capacity

Application: The appellate court affirmed the trial court's judgment on the determination of loss of earning capacity, referencing relevant precedents, thus upholding the methodology used by the trial court.

Reasoning: The employer appealed, questioning the trial court's determination of loss of earning capacity. Upon review, the judgment was affirmed, referencing precedents from *Ex parte Eastwood Foods Inc.* and *Morrow Drilling Co. v. Adkins*.

Determination of Permanent Partial Disability

Application: The trial court determined that Charles Goode suffered a permanent partial disability, resulting in a 40% decrease in his earning capacity, based on medical and vocational expert testimony.

Reasoning: Charles Goode, while employed by Sterling Plumbing Group, Inc., was found by the trial court to have suffered a permanent partial disability resulting in a 40% decrease in his earning capacity.

Evaluation of Expert Testimony in Disability Cases

Application: The court's decision to award compensation benefits was supported by testimony from a vocational expert and a treating orthopedic surgeon, demonstrating reliance on expert analysis in determining loss of earning capacity.

Reasoning: The court awarded him compensation benefits based on testimony from Goode, a certified vocational expert Ann Darnell, and orthopedic surgeon Dr. Mark Leberte, who treated Goode’s back condition with two laminectomies and a fusion.