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Bruno's, Inc. v. Lawson
Citations: 709 So. 2d 1296; 1998 Ala. Civ. App. LEXIS 128; 1998 WL 57752Docket: 2961400
Court: Court of Civil Appeals of Alabama; February 12, 1998; Alabama; State Appellate Court
Bruno’s, Inc. d/b/a Food Fair appeals a judgment granting workers’ compensation benefits to employee Sandra Lee Lawson. Lawson, a bookkeeper since 1979, suffered back pain attributed to being required to stand for eight or nine hours daily after her employer removed stools from her work area in 1994. Despite seeking treatment from multiple healthcare providers, including Dr. Erich Wouters and Dr. Gordon J. Kirschberg, the exact cause of her pain remained unclear, although chronic muscle strain and a 17% permanent impairment were identified. The trial court classified Lawson’s back injury as an occupational disease, awarding her temporary total benefits for nine weeks of missed work and ongoing medical expenses. Bruno’s challenges this classification on appeal, emphasizing that for a disease to be considered "occupational," it must arise from hazards beyond those typically present in general employment and be peculiar to her occupation. The court's review of factual findings is limited to whether substantial evidence supports them, and prior cases suggest that conditions like prolonged sitting do not qualify as occupational diseases under the relevant legal definitions. Thrombophlebitis was determined not to be an occupational disease for nurses, as the conditions of prolonged standing and sitting were not considered hazards exceeding those typical in general employment. Similarly, squatting or kneeling in banking was not deemed a unique hazard of that profession. In Lawson's case, there was insufficient evidence that her back pain stemmed from risks specific to her job or that such risks were greater than those in other professions requiring standing. Therefore, Lawson's condition does not qualify as an "occupational disease" under Alabama law. The court expressed sympathy for Lawson but emphasized that such feelings cannot alter the legal definition of occupational disease. The trial court's ruling recognizing Lawson's condition as compensable under workers’ compensation laws was reversed, and the case was remanded for judgment in favor of Bruno’s. Judges Yates and Thompson concurred, while Judge Crawley concurred in the result, and Judge Robertson dissented, clarifying that the ruling did not dismiss the possibility of squatting or kneeling causing an occupational disease.