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01/13/95 FRANK LEDLOW v. SOUTHERN HAULERS

January 13, 1995

FRANK LEDLOW, JR.
v.
SOUTHERN HAULERS, INC.



Appeal from Shelby Circuit Court. (CV-90-547). Oliver P. Head, Trial Judge.

Released for Publication May 24, 1995.

Richard L. Holmes, Retired Appellate Judge.

The opinion of the court was delivered by: Holmes

HOLMES, Retired Appellate Judge

This is a workmen's compensation case.

Frank Ledlow, Jr. (employee), filed a complaint and petition for compensation, wherein he alleged that he was injured in the line and scope of his employment with Southern Haulers, Inc. (employer), and that he was entitled to receive benefits under the workmen's compensation laws of Alabama. The employer filed an answer.

After a hearing the trial court issued a final judgment based upon the pleadings, stipulations of the parties, ore tenus testimony, medical reports, depositions, and other exhibits received by the court. The trial court determined that the employee had received all of the temporary total disability benefits which he was entitled to receive as a result of his injury, that all medical expenses reasonably and necessarily incurred in the care and treatment of the employee's injuries had been paid in full, and that the employee failed to sustain his burden of proving that his on-the-job injury caused him any permanent disability or any loss of earning capacity which would entitle him to further compensation.

The employee filed a post-judgment motion, which was denied.

The employee appeals.

The sole issue raised by the employee is whether the trial court committed reversible error when it found that the employee had not sustained a permanent disability as a result of his on-the-job injury.

The injury in the present case occurred in June 1989. Therefore, the standard of appellate review discussed in Ex parte Eastwood Foods, Inc., 575 So. 2d 91 (Ala. 1991), is the standard of review that applies in the present case. Ex parte Eastwood Foods, Inc., 575 So. 2d at 93, provides:

"Initially, the reviewing court will look to see if there is any legal evidence to support the trial court's findings. If such evidence is found, then the reviewing court determines whether any reasonable view of that evidence supports the trial court's judgment."

Our review of the record reveals the following: The employee was a truck driver for the employer. On June 15, 1989, the employee fell approximately ten feet from the top of the truck trailer and landed on his left side. The employee testified that he began experiencing pain and numbness in his neck and back approximately three to four weeks later. The employee first saw a doctor in September 1989 when he began passing blood in his urine.

The employee received medical care and treatment for his injuries, and the employer paid all medical expenses reasonably and necessarily incurred for the treatment of the employee's injuries. The employee was paid temporary total disability benefits until March 11, 1990, and the employee ...


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