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03/17/95 SHANNON LOGAN v. PERSONNEL BOARD JEFFERSON

March 17, 1995

SHANNON LOGAN
v.
PERSONNEL BOARD OF JEFFERSON COUNTY



Original Opinion of January 6, 1995, Reported at: 657 So. 2d 1125

Sam A. Beatty, Retired Justice. All the Judges concur.

The opinion of the court was delivered by: Beatty

ON APPLICATION FOR REHEARING

BEATTY, Retired Justice

On application for rehearing, Logan argues for the first time that the circuit court erred on the issue of medical review when it stated that Linda Rooker's testimony referred to Dr. Bruce Irwin. Logan claims that the record contains no evidence concerning a "proper" medical review.

Appellate review of a decision rendered by a three-Judge circuit court panel comes before this court by way of certiorari. Holloway v. Personnel Bd. of Jefferson County, 528 So. 2d 341, 342 (Ala. Civ. App. 1988). Although Logan filed a notice of appeal from the panel's decision, we have treated that appeal as a petition for writ of certiorari. Id. On certiorari, our review is limited to the consideration of whether the circuit court properly applied the law and whether the decision is supported by any legal evidence. Id.

Logan is correct that Linda Rooker does not refer to Dr. Irwin in her testimony. Nevertheless, if there was any evidence to support the panel's decision, this court must affirm. As the panel noted, the evidence included a copy of the lab report bearing Dr. Irwin's initials. Also introduced into evidence were notes made by Dr. Irwin's nurse from a telephone conversation with Logan. The panel's mistake regarding Rooker's testimony does not alter this court's Conclusion that the panel properly applied the law in this case and that its decision was supported by legal evidence. In light of our standard of review, we see no reason to grant rehearing in this case based upon the medical review issue.

None of the other contentions asserted by Logan in his application for rehearing have merit, and, therefore, his application for rehearing is hereby overruled.

OPINION EXTENDED; APPLICATION FOR REHEARING OVERRULED.

All the Judges concur.

19950317

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