Halsey v. Dillard's, Inc.

• Decision Date: 12 March 2004
• Citation: 897 So.2d 1142
• Parties: Scott HALSEY v. DILLARD'S, INC.
• Court: Alabama Court of Civil Appeals

897 So.2d 1142

Scott HALSEY v. DILLARD'S, INC.

2021036.

Court of Civil Appeals of Alabama.

March 12, 2004.

Rehearing Denied May 7, 2004.

James H. Richardson and W. Brad English of Richardson Callahan, LLP, Huntsville, for appellant.

John O. Cates of Wilmer & Lee, P.A., Huntsville, for appellee.

THOMPSON, Judge.

Scott Halsey sued Dillard's, Inc. (hereinafter "the employer"), seeking to recover workers' compensation benefits for alleged injuries to his knees and left shoulder sustained in the line and scope of his employment on December 9, 1999. The employer answered Halsey's complaint and denied liability. Following the presentation of ore tenus evidence, the trial court entered a judgment on May 14, 2003, determining that Halsey's injuries, including the injuries to his left shoulder and left knee, were compensable and finding Halsey had sustained a 70% permanent partial vocational impairment as a result of the December 9, 1999, work-related injuries. In so finding, the trial court stated, in pertinent part:

"Four days after his accident, [Halsey] saw an orthopedic surgeon, Dr. Jack Moore, for his injuries. He complained mainly of pain and swelling in his right knee and mentioned other minor muscle strains. After obtaining an MRI, Dr. Moore diagnosed a meniscal tear in [Halsey's] right knee. He performed surgery on January 7, 2000, to correct the tear.... Dr. Moore placed him at maximum medical improvement as of August 23, 2000, and assigned a 2% permanent partial impairment to [Halsey's] right lower extremity and a 1% whole person permanent partial impairment....

"At the time of the accident, [Halsey] grabbed and held on to the platform with his left arm to keep from falling to the floor. He first mentioned left shoulder pain and stiffness to Dr. Moore on March 15, 2000. Dr. Moore found some limitation of motion, impingement signs and inflammation of the subacromial space of [Halsey's] left shoulder. He diagnosed a rotator cuff strain with secondary impingement. He administered an injection into the shoulder joint and ordered physical therapy for that injury. In Dr. Moore's opinion, the injury to [Halsey's] left shoulder was related to the December 9, 1999, on-the-job accident. Because [the employer] refused to authorize treatment of this injury, Dr. Moore performed no follow-up treatment and could assign no impairment rating. The Court finds from the evidence that [Halsey's] injury to his left shoulder resulted from the accident which occurred while he worked for [the employer]. While he is entitled to medical treatment for his left shoulder at [the employer's] expense, the evidence is insufficient for the Court to determine the permanency, if any, of this injury.

"During his service in the Air Force during the 1970's, [Halsey] injured his left knee. The Veterans Administration awarded him a 10% disability for this injury. It did not impair or restrict his ability to work before the December 9, 1999, accident. While this accident did not result in direct injury to [Halsey's] left knee, he began experiencing pain and weakness in that knee during the months when he was convalescing from the surgeries to his right knee. Dr. Moore attributed the left knee problem to the change in [Halsey's] gait and weight shifting to compensate for pain, weakness and instability caused by the right knee injury after December 9, 1999. In his opinion, the on-the-job injury to [Halsey's] right knee definitely aggravated or exacerbated the pre-existing left knee injury suffered many years earlier by [Halsey]. The Court finds by clear and convincing evidence, therefore, that [Halsey] suffered an aggravation of his old left knee injury by reason of the cumulative stresses placed on that knee as a result of the traumatic injury to his right knee while working for [the employer].

"[Halsey] is 45 years old and is a high school graduate. While in the Air Force he performed clerical and secretarial type work. He is computer literate, can perform research on the Internet and word processing and, by his own admission, is capable of engaging in office work. Several of the exhibits admitted into evidence provide samples of [Halsey's] writing and written communication skills. He is right-hand dominant and has no impairment of his right shoulder, arm or hand. The only doctor-prescribed restrictions on his activities are that he not engage in repetitive squatting and climbing and that he limit his standing for prolonged periods of time. His intellectual functioning falls within the average range of intelligence. He is able to drive a motor vehicle. The Court is mindful that [Halsey] wears braces on both knees and is not pain free. He is currently receiving Social Security disability benefits. This fact, however, is not material to the issues before the Court because the Social Security determination is based on grids, guidelines, and regulations that do not apply in a workers' compensation case and may take into consideration health problems other than the work-related injuries sustained by [Halsey] on December 9, 1999.

"Taking all the evidence into consideration, including [Halsey's] credibility as a witness and his demeanor during the trial, the Court is reasonably satisfied that he is permanently physically impaired as a result of his December 9, 1999, injuries. The Court does not find, however, that he is totally disabled from engaging in any gainful employment for which he is qualified by education and experience. While [Halsey] clearly has some physical limitations due to his right knee injury, those limitations would not prevent him from performing sedentary or light duty work for which he is qualified. Being mindful that his access to the competitive labor market has been reduced on account of his on-the-job injuries, the Court concludes that [Halsey] has sustained a 70% permanent partial vocational impairment."

The trial court also determined that Halsey had received temporary total disability ("TTD") benefits beyond the date he had reached maximum medical improvement ("MMI"), and, accordingly, it awarded the employer a credit against the accrued permanent partial disability benefits Halsey was awarded. On June 13, 2003, Halsey filed a postjudgment motion; the trial court denied the motion. Halsey appealed.

When this court reviews a trial court's factual findings in a workers' compensation case, those findings will not be reversed if they are supported by substantial evidence. § 25-5-81(e)(2), Ala.Code 1975. Substantial evidence is "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." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). Further, this court reviews 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., Inc., 680 So.2d 262 (Ala.1996). A trial court's legal conclusions, however, are afforded no presumption of correctness, and this court reviews them de novo. Ex parte Cash, 624 So.2d 576 (Ala.1993).

The testimony and evidence presented at trial indicate the following pertinent facts. At the time of trial, Halsey was 45 years old. Halsey graduated from high school. In 1975, Halsey entered the Air Force. While in the Air Force, Halsey performed secretarial/clerical duties for a colonel. At some point, Halsey injured his left knee while playing racquetball with the colonel. At that time, Halsey was assigned a 10% disability rating by the Veterans Administration (hereinafter "the VA") as a result of the injury to his left knee. In 1978, Halsey was honorably discharged from the Air Force. Halsey testified that he was not impaired by the injury to his left knee or placed on restrictions for the use of his left knee following his discharge from the Air Force.

Shortly after Halsey left the Air Force, he attended a four-year apprenticeship program in Florida to become a licensed journeyman electrician. Halsey was licensed as a journeyman electrician in Florida. At some point, Halsey moved to Alabama; however, he failed to receive a journeyman electrician license from the State of Alabama. After moving to Alabama, Halsey worked various jobs, including working as a facilities engineer at Three Springs School in Madison, and as the facility maintenance director for the YMCA in Huntsville. According to Halsey, he had worked as an electrician for approximately 20 years.

The record indicates that Halsey was hired by the employer on December 6, 1999, as a facility maintenance engineer. In that capacity, Halsey performed plumbing repairs, carpentry repairs, and minor electrical repairs. Halsey earned $12.50 per hour for a 40-hour work week. On December 9, 1999, Halsey was standing on a hydraulic lift to change ceiling tiles when the basket on top of the hydraulic lift wobbled, causing Halsey to lose his balance. Halsey testified that he grabbed the side of the lift with his left hand to prevent himself from falling. According to Halsey, his right leg slammed into the lift. Halsey testified that his right leg began to swell. Halsey reported the injury to his immediate supervisor and went to the emergency room for treatment that same day. Halsey was referred to Dr. Jack W. Moore for further treatment.

Halsey testified that Dr. Moore performed arthroscopic surgery on his right knee in January 2000. Halsey stated that after that surgery he still had problems with his right knee, including pain, buckling, and swelling. Further, Halsey noted that after the surgery on his right knee he began having problems with his left knee that included pain, swelling, and buckling. According to Halsey, he could not bear weight on his right leg and, therefore, his left leg had to carry the burden. Halsey testified that Dr. Moore performed a second surgery on his right...