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Goodyear Tire & Rubber Co. v. Bush

Alabama Court of Civil Appeals

June 19, 2015

Goodyear Tire & Rubber Company
v.
Stephen Dale Bush

         Released for Publication April 28, 2016.

Page 1149

          Appeal from Jefferson Circuit Court. (CV-12-902579). Tom King, Jr., Trial Judge.

         For Appellant: J. Lance Smith of Turnbach, Warren, Lloyd, Frederick & Smith, P C , Gadsden

         For Appellee: .William Dudley Motlow, Jr., and Ryan D. Wilson, of Porterfield, Harper, Mills, Motlow and Ireland, P.A., Birmingham.

         MOORE, Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur.

          OPINION

Page 1150

          MOORE, Judge.

         In an 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.

         On 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 review:

" (1) In reviewing the standard of proof set forth herein and other legal issues, review by the Court of Civil Appeals

Page 1151

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 ...

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