Hooper v. Denney
Decision Date | 20 March 1992 |
Citation | 619 So.2d 1388 |
Parties | William Tillman HOOPER, d/b/a Hooper Sewer Service v. William O. DENNEY. 2900666. |
Court | Alabama Court of Civil Appeals |
Bennett L. Pugh and Rhonda K. Pitts of Rives & Peterson, Birmingham, for appellant.
Kay L. Cason of Gorham, Waldrep, Stewart, Kendrick, Bryant, Battle & Alfano, P.C., Birmingham, for appellee.
This is the second time this case has been before this court. On July 5, 1991, this court reversed and remanded this case to the trial court because the trial court erred in entering an award of compensation without first making a finding as to the employee's loss of ability to earn. Hooper v. Denney, 587 So.2d 340 (Ala.Civ.App.1991).
On remand, the trial court entered the following order:
Again, the trial court failed to make a finding as to the employee's loss of ability to earn. When such a finding is absent from the judgment, there are no grounds for awarding compensation benefits. Marley Erectors, Inc. v. Rice, 560 So.2d 1083 (Ala.Civ.App.1990). Compensation is awarded on the basis of loss of ability to earn, and without 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...
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Webb Oil Co., Inc. v. Holmes
...a finding that Holmes's earning capacity was diminished by the disability, there is simply no basis for an award. Hooper v. Denney, 619 So.2d 1388 (Ala.Civ.App.1992). Consequently, this court must reverse the judgment and remand the cause for a determination of whether Holmes suffered a los......
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Bentley Pontiac/Cadillac, Inc. v. Adams
...diminished by the disability? Absent that finding, there is simply no basis for an award. Marley, supra; see also Hooper v. Denney, 619 So.2d 1388 (Ala.Civ.App.1992). Consequently, this court must reverse the judgment and remand the cause for a determination of whether Adams suffered a loss......