for Publication April 28, 2016.
from Jefferson Circuit Court. (CV-12-902579). Tom King, Jr.,
Appellant: J. Lance Smith of Turnbach, Warren, Lloyd,
Frederick & Smith, P C , Gadsden
Appellee: .William Dudley Motlow, Jr., and Ryan D. Wilson, of
Porterfield, Harper, Mills, Motlow and Ireland, P.A.,
Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson,
earlier appeal, this court reversed a judgment awarding
Stephen Dale Bush (" the employee" )
permanent-total-disability benefits under the Alabama
Workers' Compensation Act (" the Act" ), Ala.
Code 1975, § 25-5-1 et seq., and remanded the case for
the Jefferson Circuit Court (" the trial court" )
" to make appropriate findings of fact based on the
evidence admitted at trial as to whether the schedule [set
forth in § 25-5-57(a)(3), Ala. Code 1975,] or an
exception to the schedule applies and to amend its judgment
accordingly." Goodyear Tire & Rubber Co. v.
Bush, 160 So.3d 787, 794 (Ala.Civ.App. 2014). The trial
court entered an amended judgment on November 4, 2014,
concluding that the employee's right-knee injury should
be compensated as an injury outside " the schedule"
in the Act because the injury extended to other parts of his
body and interfered with their efficiency. See Ex parte
Drummond Co., 837 So.2d 831 (Ala. 2002). The trial court
again awarded the employee permanent-total-disability
benefits. Goodyear Tire & Rubber Company (" the
employer" ) timely appealed from the amended judgment.
appeal, the employer argues that the trial court erred in
treating the employee's right-knee injury as a
nonscheduled injury and in awarding the employee
permanent-total-disability benefits. Section 25-5-81(e), Ala.
Code 1975, a part of the Act, establishes our standard of
" (1) In reviewing the standard of proof set forth
herein and other legal issues, review by the Court of Civil
shall be without a presumption of correctness.
" (2) In reviewing pure findings of fact, the finding of
the circuit court shall not be reversed if that finding is
supported by ...