Fab Arc Steel Supply, Inc. v. Dodd
Decision Date | 16 January 2015 |
Docket Number | 2121061. |
Citation | 168 So.3d 1244 |
Parties | FAB ARC STEEL SUPPLY, INC. v. Timothy Michael DODD. |
Court | Alabama Court of Civil Appeals |
Michael I. Fish and Joshua G. Holden of Fish Nelson, LLC, Birmingham, for appellant.
Donald R. Rhea of Rhea, Boyd & Rhea, Gadsden, for appellee.
On Application for Rehearing
This court's opinion of August 29, 2014, is withdrawn, and the following is substituted therefor.
Fab Arc Steel Supply, Inc. (“the employer”), appeals from a judgment entered by the Calhoun Circuit Court (“the trial court”) finding that Timothy Michael Dodd (“the employee”) was permanently and totally disabled as a result of a June 23, 2010, workplace accident and awarding the employee benefits pursuant to the Alabama Workers' Compensation Act (“the Act”), Ala.Code 1975, § 25–5–1 et seq. We affirm in part and reverse in part.
On April 12, 2012, the employee filed an action in the trial court seeking benefits pursuant to the Act. The employee asserted that, on June 23, 2010, he was employed as a structural-steel-fabricator fitter with the employer; that, on that date, he sustained a work-related injury when he was unexpectedly hit in the chest and abdomen by a “C-clamp” that was attached to a steel beam weighing approximately 1,500 pounds; that, as a result of the work-related accident, he suffered injuries to his abdomen, chest, neck, and back; that he received medical treatment authorized by the employer; and that the employer had accepted liability for a “hematoma
” to the employee's chest and abdomen but had denied liability under the Act for the injuries sustained to his lower back and cervical spine and related problems. The employee asserted that he was totally disabled as a result of the June 23, 2010, injuries.
On March 26, 2013, the trial court conducted an ore tenus hearing, at which the parties presented a joint stipulation of facts and the employee and three of his coworkers testified. The parties also admitted into evidence numerous medical records and the deposition testimony of Dr. John Valente and Dr. James White III.
On April 12, 2013, the trial court entered its judgment. In that judgment, the trial court made, among others, the following findings of fact and conclusions of law:
and disruption of the tissue in the sternum and abdominal area in addition to a herniated disc in the lumbar spine. The substantial evidence supports the obvious conclusion that these conditions are the result of the traumatic blow to the chest and abdomen. They are sufficiently severe to prevent [the employee] from effectively using his arms in an industrial or extended work setting.
that is consistent with the trauma and injury incurred by the [employee].
Based on the above findings of fact and conclusions of law, the trial court awarded the employee temporary-total-disability benefits from September 1, 2010, through February 24, 2011; accrued permanent-total-disability benefits from February 24, 2011, through April 11, 2013; and future permanent-total-disability benefits beginning April 12, 2013. The trial court also ordered that the employee's right to medical benefits for all reasonable and necessary medical expenses were to remain open and that Dr. White was to be the employee's authorized treating physician for the purpose of providing medical treatment...
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