Haywood v. Russell Corp.

Citation611 So.2d 365
PartiesTommie Lee HAYWOOD v. RUSSELL CORPORATION. 2900662.
Decision Date29 May 1992
CourtAlabama Court of Civil Appeals

Alabama Supreme Court 1911664 and 1911669.

James M. Patton of Patton & Goodwyn, Birmingham, for appellant.

Randall S. Haynes of Morris, Haynes & Ingram and John Tom Radney of Radney & Associates, Alexander City, for appellee.

ROBERTSON, Presiding Judge.

Tommie Lee Haywood (employee) filed suit for workmen's compensation benefits because of consecutive injuries to her left hand and arm, her right hand and arm, and her back and neck which she allegedly suffered while employed by Russell Corporation (employer) as a sewing machine operator.

In its order, the trial court noted that the parties stipulated that Alabama's Workmen's Compensation Act applied; that the employee's average weekly earnings were $163.54; and that certain of the employee's medical bills had been paid by the employer, but certain others had not been paid pending the decision of the trial court. The trial court found that the employee was entitled to compensation based on a 25% permanent partial disability of the left arm and a 10% permanent partial disability of the right arm. The trial court also awarded the employee compensation for three weeks of temporary total disability, unpaid medical expenses, and attorney's fees. The trial court found that the employee's alleged back and neck injury was not job-related, and no award was made for that injury. The employee appeals.

In reviewing workmen's compensation cases, this court must first look to see if there is any legal evidence to support the findings of the trial court. If such evidence is found, then we must determine whether any reasonable view of that evidence supports the trial court's judgment. Ex parte Eastwood Foods, Inc., 575 So.2d 91 (Ala.1991).

First, the employee argues that no reasonable view of the evidence supports the conclusion by the trial court that she suffered only three weeks of temporary total disability as a result of her injuries. Instead, the employee contends that the disability period should be about 16 months, which is the time from her last day of employment until she reached maximum medical improvement following surgery to her hands.

This court has held that temporary total disability pertains to the healing period during which an employee is recovering and unable to work. TG & Y Stores Co. v. Higdon, 437 So.2d 1035 (Ala.Civ.App.1983). Patterson v. Clarke County Motors, Inc., 551 So.2d 412 (Ala.Civ.App.1989). It has repeatedly been held that the "time of temporary total disability" is the recovery period that lasts until maximum medical recovery is reached. Ex parte DCH Regional Medical Center, 571 So.2d 1162, 1164 (Ala.Civ.App.1990).

The employee testified that, as a collar sewer for the employer, she often was required to pull boxes containing clothing materials down an aisle. Sometime in 1985, the employee noticed that a knot had appeared on her left hand, but she did not go to a doctor concerning this problem until September 1985, when her left arm began to bother her. At that time, a Dr. Hillyer examined her left hand, placed it in a brace, and allowed her to return to work on a restricted, light-duty schedule which completely prevented the employee from using her left hand and arm. The employee also testified that due to excessive use her right hand later developed a knot, and this also caused her right arm to bother her. The employee continued working despite her hand and arm problems, but she took an unrelated personal leave from work between May and July 1986. The employee testified that using only her right hand and arm she continued pulling boxes after returning to work, and on October 8, 1986, she turned around to pull the box behind her and felt a sharp pain begin in her back and travel through her neck and head. Since then, the employee has not worked for the employer.

Dr. Hillyer testified in deposition that he operated on the employee's flexor tendons in both hands on May 25, 1987. Dr. Hillyer further testified that she reached maximum medical improvement with respect to both of her hands in February 1988. He then gave her an impairment rating of 25% to her left arm and 10% to her right arm. According to Dr. Hillyer's testimony, the period of time that the employee should have been awarded temporary total disability should have been substantially longer than three weeks. Therefore, we reverse and remand on this issue for the trial court to make a determination of the length of time that the employee is entitled to be awarded temporary total disability in accordance with TG & Y, Patterson, and Ex parte DCH Regional Medical Center.

Second, the employee argues that no reasonable view of the evidence supports the trial court's award of permanent partial disability benefits based on the schedule found in § 25-5-57(a)(3), Code 1975. Instead, the employee asserts that the award should have been based on her loss of earning ability.

In § 25-5-57(a)(3)a, compensation for permanent partial disability is based on an enumerated schedule, which separately provides for the loss of body parts or members. Section 25-5-57(a)(3)g provides for compensation in all other cases based on the employee's loss of earning ability.

In Bell v. Driskill, 282 Ala. 640, 213 So.2d 806 (Ala.1968), our supreme court stated:

"[A]lthough the injury itself is to only one part or member of the body, if the effect of such injury extends to other parts of the body, and produces a greater or more prolonged incapacity than that which naturally results from the specific injury, or the injury causes an abnormal and unusual incapacity with respect to the member, then the employee is not limited in his recovery under the Workmen's Compensation Law to the amount allowed under the schedule for injury to the one member."

Bell, 282 Ala. at 646, 213 So.2d at 811.

The employee argues that the injury to her left hand and arm was the cause of the injury to her right hand and arm, and, therefore, she should be allowed to recover using the loss of earning ability method. As stated earlier, the employee testified that the effects of her left hand and arm injury led to the problems with her right hand and arm caused by their overuse in performing her job duties. Dr. Hillyer's testimony supported these claims. In fact, in its order the trial court itself found that the left arm injury "caused or contributed to produce a compensable injury to her right arm...." The employee further testified that her hands continue to hurt; she continues to take medication; and she remains under permanent work restrictions. Dr. Hillyer testified that the employee still is restricted to extremely light-duty activities...

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12 cases
  • Riley v. Reed Contracting Servs., Inc. (Ex parte Reed Contracting Servs., Inc.)
    • United States
    • Alabama Court of Civil Appeals
    • January 29, 2016
    ...which an employee is recovering and unable to work." ’ Ex parte Moncrief, 627 So.2d 385, 387 (Ala.1993) (quoting Haywood v. Russell Corp., 611 So.2d 365, 367 (Ala.Civ.App.1992) ). The ‘ " ‘time of temporary total disability’ is the recovery period that lasts until maximum medical recovery i......
  • Halsey v. Dillard's, Inc.
    • United States
    • Alabama Court of Civil Appeals
    • March 12, 2004
    ...of temporary total disability' is the recovery period that lasts until maximum medical recovery is reached." Haywood v. Russell Corp., 611 So.2d 365, 367 (Ala.Civ.App.1992); DCH, supra. A trial court may award temporary partial or temporary total disability benefits before the determination......
  • Fab Arc Steel Supply, Inc. v. Dodd
    • United States
    • Alabama Court of Civil Appeals
    • January 16, 2015
    ...in a totally disabled condition, the employer is obligated to pay him temporary-total-disability benefits. See Haywood v. Russell Corp., 611 So.2d 365, 367 (Ala.Civ.App.1992) (recognizing that the period of temporary total disability is the recovery period that lasts until MMI is reached).T......
  • G. UB. MK. Constructors v. Traffanstedt
    • United States
    • Alabama Court of Civil Appeals
    • December 11, 1998
    ...which an employee is recovering and unable to work." Ex parte Moncrief, 627 So.2d 385, 387 (Ala.1993) (quoting Haywood v. Russell Corp., 611 So.2d 365, 367 (Ala.Civ. App.1992); and Hillery v. MacMillan Bloedel, Inc., 717 So.2d 824 "It has repeatedly been held that the `time of temporary tot......
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