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Tuscaloosa County v. Beville

Alabama Court of Civil Appeals

April 19, 2019

TUSCALOOSA COUNTY
v.
Chaka BEVILLE.

Page 505

[Copyrighted Material Omitted]

Page 506

          Appeal from Tuscaloosa Circuit Court (CV-15-901273).

          Jeffrey C. Smith and Kimberly Jones of Rosen Harwood, P.A., Tuscaloosa, for appellant.

          John Curry Robertson of Blume & Blume Attorneys at Law, P.C., Northport, for appellee.

         EDWARDS, Judge.

         Chaka Beville was employed as a correctional officer at the Tuscaloosa County jail. On December 23, 2014, Beville slipped and fell, injuring her left wrist. After conservative treatments failed, Beville underwent surgery and physical therapy to address her injury. In November 2015, Beville sued Tuscaloosa County ("the county") in the Tuscaloosa Circuit Court ("the trial court"), seeking workers' compensation benefits.[1] After a trial held on June 28, 2017, the trial court entered a judgment[2] determining that Beville had "suffered a 60% injury to her left upper extremity" and awarding Beville $ 29,304 in benefits.[3] The county appeals.

Page 507

          Our review of workers' compensation judgments is well settled. "In reviewing pure findings of fact, the finding of the circuit court shall not be reversed if that finding is supported by substantial evidence." Ala. Code 1975, § 25-5-81(e)(2). Our supreme court has explained that a trial court's finding of fact is supported by substantial evidence if it is "supported by `evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.'" Ex parte Trinity Indus., Inc., 680 So.2d 262');">680 So.2d 262, 269 (Ala. 1996) (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala. 1989)); see also Ala. Code 1975, § 12-21-12(d). In completing our review, this court "will view the facts in the light most favorable to the findings of the trial court." Whitsett v. BAMSI, Inc., 652 So.2d 287, 290 (Ala. Civ. App. 1994), overruled on other grounds, Ex parte Trinity Indus., 680 So.2d at 269. We review legal issues without a presumption of correctness. See Ala. Code 1975, § 25-5-81(e)(1).

         The testimony at trial indicated that Beville continued to work after her December 2013 accident and that she did not take the nonsteroidal, anti-inflammatory medication prescribed to her by Dr. Phillip Bobo, who initially treated her after her accident. However, Beville also suffered from knee, back, and neck pain after her accident; although the trial court determined that any injury to Beville's left knee, back, and neck were not compensable, Beville testified, and her medical records reveal, that she was prescribed several medications between March 2014 and the date of trial by physicians other than Dr. Bobo, including a muscle relaxer, a synthetic opioid pain reliever, and non-opioid pain relievers. Beville's medical records also reveal that she continued to report wrist pain in the months following the accident and that, after cortisone injections failed to provide lasting relief, Beville underwent surgery on her wrist. After the surgery, she attended physical therapy, at which she continued to complain of varying degrees of pain and of burning and numbness with the use of her wrist throughout therapy. The physical-therapy notes indicate that, although therapy was decreasing her pain in the short term, she continued to have pain after certain treatments "wore off."

         In October 2014, after she reached maximum medical improvement ("MMI"), Beville underwent a functional-capacities evaluation ("FCE"). The results of that FCE indicated that Beville could not perform the duties of her employment as a correctional officer because of deficits in her ability to lift, carry, and push. According to the FCE report, "the primary limiting factors during [the FCE] were complaints of wrist pain." The FCE determined that Beville could perform within the "light plus" category, which requires "exerting up to 30 pounds of force occasionally and/or up to 10 pounds of force frequently." The FCE reflected that Beville was able to lift 40 pounds from floor to waist but that she stopped that task complaining of wrist pain and that she was able to lift 30 pounds from waist to overhead but, again, stopped the task complaining of pain in her wrist. The FCE did not specifically state the restrictions placed on Beville.

         Dr. John P. Buckley, Beville's authorized treating physician, issued a statement of physical-impairment rating. He stated that he had determined that Beville had suffered a 4% impairment to her left upper extremity. He explained that Beville had "decreased joint mobility and increased stiffness" in her wrist and limited grip strength in her left hand. However, Dr. Buckley stated that he had not assigned an impairment rating for the loss of strength

Page 508

in Beville's left hand because, he said, he expected her loss of strength to ...


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