Goodyear Tire & Rubber Co. v. Foreman
| Citation | 551 So.2d 409 |
| Parties | GOODYEAR TIRE & RUBBER COMPANY v. Billy G. FOREMAN. Civ. 6860. |
| Decision Date | 28 June 1989 |
| Court | Alabama Court of Civil Appeals |
Howard B. Warren, Gadsden, for appellant.
David B. Carnes of Carnes, Wamsley, Waid & Hyman, Gadsden, for appellee.
Billy A. Foreman filed suit against Goodyear Tire and Rubber Company on February 18, 1986, for benefits under the workmen's compensation laws of Alabama. Foreman alleged that he had an accident at work in which he injured his right knee on November 25, 1985, and claimed permanent total disability as a result of that knee injury. The trial court held two hearings, the first to determine only the issue of liability and the second to adjudicate all remaining issues. Following the entry of a final judgment adverse to Goodyear, the company filed a motion for new trial, which was denied. Goodyear then filed a notice of appeal with this court.
Foreman is 58 years old. His job at Goodyear involved loading rolls of stock, which weighed up to 300 pounds, onto a small truck and delivering the stock to the tire builders. His accident occurred when he was in the process of unloading a roll of stock with an electrical hoist. The roll "kicked back" and hit his right knee. Foreman testified that he finished his shift and then tried to locate his supervisor to report the accident. He was not able to find the supervisor and went home without reporting the accident to anyone at Goodyear.
Foreman was not scheduled to report to work for several days after the accident because of the Thanksgiving holidays and a week's vacation. His knee became increasingly painful and incapacitating, so he consulted a doctor about it while on vacation. Surgery was performed on his knee the following week, involving excision of pre-existing calcium deposits and a synovectomy. Foreman has not been able to work since the accident because of pain in his knee and limitations on his activities resulting from problems with his knee.
After the initial hearing, the trial court entered an order relative to the issue of liability. The court found that Foreman's accident arose out of and in the course of his employment, but that he failed to give notice of the accident to Goodyear within five days and had no good reason for his failure to do so. The court also found, however, that Goodyear received actual notice on January 2, 1986, when Foreman completed and filed an "accident and sickness" form with the company. The court held that Goodyear was liable to Foreman for workmen's compensation benefits, medical expenses, and other allowances, but imposed the sanction of non-payment of benefits upon Foreman through January 2, 1986, because of his failure to give notice within five days. Since Goodyear did receive notice within 90 days, the court ruled that Foreman would be entitled to benefits after January 2. The court also stated the following:
"Defendant shall not be obligated to pay any medical expenses incurred by plaintiff through the date of this order [December 9, 1987], nor shall it be liable for any future medical expenses unless the health care services are authorized by the employer as provided in accordance with § 25-5-77(a), Code of Alabama (1975)."
The trial court incorporated the above-referenced order in its entirety into its final judgment. The court then found that Foreman's on-the-job injury had aggravated a pre-existing condition by making his knee more symptomatic, but that, prior to the accident, the pre-existing medical condition of Foreman's knee did not affect his ability to work as a normal man. The court determined that Foreman was totally and permanently disabled and awarded him a lump sum of accrued and unpaid benefits plus future weekly benefits for the term of his total permanent disability. Goodyear was ordered to pay the actual cost of medical and surgical treatment, vocational rehabilitation, medicine, and other expenses. Foreman's attorneys were awarded a fee of 15 percent of both the accrued and unpaid benefits and the unaccrued benefits payable during Foreman's life expectancy, and the amounts due to him were reduced accordingly. We note that the trial court's judgment stated that the portion of the attorney's fee that was based on unaccrued benefits was commuted to present value.
Workmen's compensation cases come before this court on certiorari, and, therefore, our standard of review is very narrow and does not allow us to weigh the evidence. Cook v. Munn, 528 So.2d 881 (Ala.Civ.App.1988). Our review of the judgment before us is limited to ascertaining whether any legal evidence or reasonable inference therefrom supports the trial court's findings of fact and whether the correct law was applied to such facts. Martin Industries, Inc. v. Dement, 435 So.2d 85 (Ala.Civ.App.1983). If conflicting testimony is presented, the findings of the trial court will be conclusive if there is any testimony to support them. DeHart v. Ideal Basic Industries, Inc., 527 So.2d 136 (Ala.Civ.App.1988).
Goodyear first contends that there is no reasonable evidence to support the trial judge's conclusion that Foreman is permanently and totally disabled as a result of an on-the-job injury. The company argues, in essence, that his disability is not total and that his impairment is the result of a pre-existing condition, not of the accident.
In a workmen's compensation case, much discretion is reposed in the trial court to determine an employee's loss of earning capacity when disputed evidence is presented. DeHart, supra. If there is any legal evidence to support the trial court's determination of the percentage of disability and the percentage of loss of ability to earn, we must affirm. Allen v. Diversified Products, 453 So.2d 1063 (Ala.Civ.App.1984). In arriving at its judgment, the trial court should consider all the evidence, including its own observations. Further, the trial court is not bound by any particular...
To continue reading
Request your trial
-
Stanton v. Hills Materials Co.
...have held that notice to an employer is not required for lump-sum distribution of attorney fees. See Goodyear Tire & Rubber Co. v. Foreman, 551 So.2d 409, 411-12 (Ala.Civ.Ct.App. 1989); Commonwealth v. Combs, 357 S.W.2d 316, 317-18 (Ky.1962). However, the statutes at issue in these cases se......
-
Bethea v. Bruno's, Inc.
...otherwise seeking treatment, the employer is not responsible for the payment of those medical expenses." Goodyear Tire & Rubber Co. v. Foreman, 551 So.2d 409, 411 (Ala.Civ. App.1989); Condry v. Jones Farm Equipment Co., 358 So.2d 1030 (Ala.Civ.App. 1978). Certain exceptions to this general ......
-
CIBA-GEIGY Corp. v. Kelly
...when the payments are not reduced to present value. Ex parte St. Regis Corp., 535 So.2d 160 (Ala.1988); Goodyear Tire & Rubber Co. v. Foreman, 551 So.2d 409 (Ala.Civ.App.1989). In the present case the trial court reduced the payments to present value, but the employer challenges the discoun......
-
Jim Walter Resources, Inc. v. Hall
...before determining the lumpsum attorney's fee. See, Ex parte St. Regis Corp., 535 So.2d 160 (Ala.1988); and Goodyear Tire & Rubber Co. v. Foreman, 551 So.2d 409 (Ala.Civ.App.1989). This case is again due to be reversed and remanded with instructions to the trial court for proceedings consis......