Gibson v. Southern Stone Co., Inc.

Decision Date26 November 1986
Citation500 So.2d 32
PartiesThomas GIBSON v. SOUTHERN STONE COMPANY, INC., a corporation. Civ. 5447.
CourtAlabama Court of Civil Appeals

James R. Bowles of Bowles & Cottle, Tallassee, for appellant.

Jacob A. Walker III of Walker, Hill, Adams & Umbach, Opelika, for appellee.

HOLMES, Judge.

This is a workmen's compensation case.

The employee, Thomas Gibson, was injured while employed at Southern Stone Company, Inc. The employee sought benefits from the employer under Alabama's workmen's compensation laws.

The learned trial judge found that the employee had "suffered a 23% impairment to the upper extremity and therefore the Plaintiff is due to be paid by the Defendant the sum of $6,599.51."

The employee appeals. We reverse and remand.

The dispositive issue on appeal is whether in this instance the trial court can enter an award when there has been no finding of loss of ability to earn.

The record reveals, in pertinent part, that, during the course of his employment, the employee was supervising a conveyor belt. The employee was attempting to clear debris from the belt when he cut his right hand. The record also indicates that the employee has undergone surgery several times in an attempt to improve the use of his right hand.

In its order, the trial court found that, although the ring finger and little finger of the employee's right hand have not been removed, he has lost the use of these fingers. The trial court specifically found that "the Plaintiff's disability as a result of the accident in question is that of 23% to the Plaintiff's upper extremity." The trial court then awarded compensation based upon its finding of a 23% impairment to the employee's upper extremity.

However, the trial court made no specific findings that the employee had sustained a loss of ability to earn. When the trial court fails to make such a finding, it has no basis for awarding compensation. B.F. Goodrich Co. v. Martin, 47 Ala.App. 244, 253 So.2d 37 (Ala.Civ.App.1971). Therefore, this case must be remanded to the trial court for it to ascertain whether the employee has sustained a loss of ability to earn. Hill v. J.P. Stevens & Co., 360 So.2d 1035 (Ala.Civ.App.1978).

We note that the employer contends that the trial court treated the employee as having a scheduled injury and awarded compensation pursuant to Ala.Code (1975), § 25-5-57(a)(3)a. We do not agree with this contention for two reasons. First, if the trial court had intended to find that the...

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8 cases
  • Gibson v. Southern Stone Co., Inc.
    • United States
    • Alabama Court of Civil Appeals
    • 23 d3 Setembro d3 1987
    ...We note that this is the second time that this case has been before us. For a complete statement of the facts see Gibson v. Southern Stone Co., 500 So.2d 32 (Ala.Civ.App.1986). The dispositive issue on this appeal is whether there is any legal evidence to support the trial court's finding o......
  • Hooper v. Denney
    • United States
    • Alabama Court of Civil Appeals
    • 20 d5 Março d5 1992
    ...such a finding, no compensation can be awarded. Tyson Foods, Inc., v. Calloway, 568 So.2d 811 (Ala.Civ.App.1990); Gibson v. Southern Stone Co., 500 So.2d 32 (Ala.Civ.App.1986). The previous record on appeal revealed that the employee had his own business and was earning more after the accid......
  • Harbison Walker Refractories v. McKaig
    • United States
    • Alabama Court of Civil Appeals
    • 4 d3 Abril d3 1990
    ...without such a specific finding by the trial court, it would have had no basis for awarding compensation. Gibson v. Southern Stone Co., 500 So.2d 32 (Ala.Civ.App.1986). ...
  • Marley Erectors, Inc. v. Rice
    • United States
    • Alabama Court of Civil Appeals
    • 21 d3 Fevereiro d3 1990
    ...no grounds for awarding compensation exists. Alabama Power Co. v. Daniel, 545 So.2d 779 (Ala.Civ.App.1989); Gibson v. Southern Stone Co., 500 So.2d 32 (Ala.Civ.App.1986); B.F. Goodrich Co. v. Martin, 47 Ala.App. 244, 253 So.2d 37 (Ala.Civ.App.1971), cert. denied 287 Ala. 726, 253 So.2d 45, ......
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