Ex parte Bratton

• Decision Date: 23 February 1996
• Docket Number: WAL-MART
• Citation: 678 So.2d 1079
• Parties: Ex parte George BRATTON. (In reSTORES, INC. v. George BRATTON). 1941958.
• Court: Alabama Supreme Court

Page 1079

678 So.2d 1079

Ex parte George BRATTON.

(In re WAL-MART STORES, INC. v. George BRATTON).

1941958.

Supreme Court of Alabama.

Feb. 23, 1996.

Rehearing Denied April 19, 1996.

E.L. Brobston of Brobston & Brobston, P.C., Bessemer, for Petitioner.

Charles F. Carr, Thomas L. Oliver II and Rhonda Pitts Chambers of Rives & Peterson, Birmingham, for Respondent.

HOUSTON, Justice.

This is a workers' compensation case.

The pertinent facts are as follows: In 1976, when George Bratton was 59 years old, he suffered a heart attack and retired with a disability pension from a job he had worked at for 32 years. Two years later, in 1978, the Social Security Administration determined that he was eligible for Social Security disability benefits because of his heart condition. Thereafter, in 1985, Bratton suffered a stroke that caused weakness to one side of his body. In 1988, at the age of 71, Bratton applied for a job with Wal-Mart Stores, Inc. He told the interviewer that he had had a heart attack and a stroke, but that he felt he was stable enough to work. Wal-Mart hired Bratton as a "greeter" at a Wal-Mart store; the main function of a greeter was to welcome customers as they entered the Wal-Mart store and to offer them information and assistance. He also performed other activities, including helping customers with packages, locating items for customers, and caring for plants in the garden shop. After his first year of employment with Wal-Mart, Bratton began working 30 hours a week, which Wal-Mart considered to be full-time employment. Wal-Mart acknowledged that Bratton was an excellent employee, that it had no complaints about his job performance, and that he was a valued employee. In fact, Wal-Mart gave Bratton an award for being such a good employee. The trial court specifically found that Bratton had performed his duties "efficiently."

At the time of the injury made the basis of this action, Bratton was watering plants in the garden shop section of the store. While doing so, he tripped over a garden hose, fell, and struck the back of his head on the concrete floor. Other Wal-Mart employees assisted him after the fall, and the accident was immediately reported to his supervisors. Wal-Mart's company physician hospitalized Bratton for eight days with a diagnosis of closed-head trauma, abrasions, and contusions to his lower back. The company's physician then referred Bratton to the neurologist who had treated Bratton following the stroke in 1985, from which the neurologist testified that Bratton had almost completely recovered. Bratton's symptoms after the accident included "emotional liability," ¹ headaches, neck pain, an unsteady gait, and vertigo. The neurologist testified that only the headaches and neck pain were attributable to the fall at Wal-Mart. He further testified that he did not think Bratton should return to work, because of his unsteady gait, his emotional problems, the fact that he had suffered a stroke, and his age. However, the neurologist did not restrict Bratton's activities, nor did the neurologist assign Bratton a disability rating for the fall at Wal-Mart. According to the neurologist, the chances of Bratton's falling, as compared to the chances of a younger, healthier person's falling under the same circumstances, would be much higher because of Bratton's other medical conditions. However, he also testified that, in his opinion, as of the time immediately before the fall, in spite of Bratton's age and the fact that he had suffered a stroke, if Bratton had recovered from his stroke and was fairly functional and able to work, he would not have told Bratton not to work.

Bratton, his wife, a friend, and a Wal-Mart supervisor compared Bratton's physical abilities before the accident with his physical abilities after it. They testified that although Bratton had some physical impairments as the result of his pre-existing medical condition--e.g., he walked with a slight limp, had some weakness, and moved somewhat slowly--while he was employed by Wal-Mart these physical limitations did not interfere with his ability to do his job. Further testimony established that Bratton was not only working at Wal-Mart, but was also gardening, doing yard work, and assisting his wife around the house. The testimony also reflects that after the accident Bratton was unable to walk unassisted, had severe memory loss, suffered from chronic headaches, exhibited significant depression, was unable to do most of the tasks around the house, and was unable to drive. His only outside activity was going to church.

After considering Bratton's age, vocational experience, and physical limitations, the vocational specialist who testified for Bratton concluded that he was 100% disabled because of the accident at Wal-Mart and was unable to engage in gainful employment. She based her findings on the fact that before his injury Bratton could work at a light-duty job but afterwards could not.

The vocational specialist who testified for Wal-Mart concluded that Bratton had suffered no vocational disability as a result of his fall at Wal-Mart--that because the Social Security Administration had declared Bratton to be totally and permanently disabled and because of Bratton's age and physical condition, he was already totally disabled when he went to work for Wal-Mart; and that because his disability continued throughout his employment, the accident at Wal-Mart had no bearing on the question of his subsequent employability. He testified that, in his opinion, Bratton's employment at Wal-Mart was in contradiction of the limitations the Social Security Administration had determined created a total disability.

The trial court's order stated:

"From the testimony, the court finds that prior to [Bratton's] injury he was able to and did perform all of the duties of his employment in an efficient manner.... The court further finds from the testimony that following the injury and as a result of that injury[, Bratton] was not able to perform the duties of his employment and was in fact totally disabled to perform any gainful...