International Paper Co. v. Dempsey

• Decision Date: 13 September 2002
• Citation: 844 So.2d 1236
• Parties: INTERNATIONAL PAPER COMPANY v. Richard DEMPSEY.
• Court: Alabama Court of Civil Appeals

844 So.2d 1236

INTERNATIONAL PAPER COMPANY v. Richard DEMPSEY.

2010660.

Court of Civil Appeals of Alabama.

September 13, 2002.

Joseph T. Carpenter and Nathan C. Prater of Carpenter, Prater, Ingram & Mosholder, L.L.P., Montgomery, for appellant.

Submitted on appellant's brief only.

THOMPSON, Judge.

Richard Dempsey sued his employer, International Paper Company, seeking to recover workers' compensation benefits. On February 19, 2002, the trial court entered an order in which it found, in pertinent part, that Dempsey had properly reported his injury to his supervisor; that Dempsey's claims were not barred by the statute of limitations; that Dempsey's injuries were compensable under the Workers' Compensation Act, § 25-5-1 et seq., Ala. Code 1975; and that International Paper was responsible for all of Dempsey's medical bills attributable to his injuries. In addition, the trial court's February 19, 2002, order states:

"3. The Court concludes [Dempsey] is entitled to any accrued temporary total and/or permanent partial and/or permanent total compensation benefits accrued to this day and further concludes that [Dempsey] is entitled to all vocational, indemnity, and medical benefits as prescribed by the Workers' Compensation Act of Alabama as a result of these injuries being deemed compensable by the Court.

"4. The Court reserves ruling at this particular time on the extent of [Dempsey's] personal permanent disability, if any."

International Paper filed a notice of appeal from the February 19, 2002, order.

Although the issue is not raised by the parties (Dempsey did not favor this court with a brief on appeal), the issue of jurisdiction is so fundamental that this court takes notice of it ex mero motu. Bacadam Outdoor Advertising, Inc. v. Kennard, 721 So.2d 226 (Ala.Civ.App.1998)

(citing Nunn v. Baker, 518 So.2d 711 (Ala. 1987), and Wallace v. Tee Jays Mfg. Co., 689 So.2d 210 (Ala.Civ.App.1997)).

In Ex parte DCH Regional Medical Center, 571 So.2d 1162 (Ala.Civ.App.1990), the trial court determined that the injured worker had reached maximum medical improvement ("MMI") after the on-the-job accident that had caused her temporary total disability and that a mental condition attributable to the on-the-job accident had prolonged the worker's disability. The trial court ordered the employer to continue to pay the injured worker a specified amount in weekly temporary total disability benefits until she reached MMI. The trial court also specifically reserved jurisdiction to consider on a later date the issue whether the worker had suffered a permanent disability as a result of her on-the-job accident. This court rejected the employer's argument that the trial court's judgment was not sufficiently final to support an appeal. This court stated that "the test of a judgment's finality is whether it sufficiently ascertains and declares the rights of the parties." Ex parte DCH Reg'l Med. Ctr., 571 So.2d at 1164.

In Mike Makemson Logging v. Colburn, 600 So.2d 1049 (Ala.Civ.App.1992), the trial court entered a judgment awarding the injured worker 30 weeks of temporary total disability benefits and postponing for six months its consideration of the issue of the extent of any permanent disability the worker suffered. The employer argued that the judgment was not sufficiently final to support an appeal. This court rejected that argument and determined that the judgment in that case "contained the necessary findings to support an appeal." Mike Makemson Logging v. Colburn, 600 So.2d at 1050.

In BE & K, Inc. v. Weaver, 743 So.2d 476 (Ala.Civ.App.1999), the injured worker, Weaver, sought workers' compensation benefits from his employer. The trial court entered a judgment finding that Weaver's injuries were compensable, awarding him specific amounts for overdue workers' compensation benefits, and ordering the employer to continue to pay Weaver temporary total disability benefits. The employer appealed, citing Ex parte DCH Regional Medical Center, supra,

in support of its contention that the judgment was final and would support the appeal. This court analyzed Ex parte DCH Regional Medical Center and discussed the specific nature of the findings and conclusions contained in the judgment before it. 743 So.2d at 479-80. We concluded that given the trial court's specific findings regarding the issues presented to it, the judgment was final and would support the appeal. In so holding, this court stated:

"We note that the court failed to make a determination as to any permanent disability suffered by Weaver and failed to specifically reserve jurisdiction of that issue for further proceedings. However, like the employee in [Ex parte] DCH [Regional Medical Center, 571 So.2d 1162 (Ala.Civ.App.1990)], Weaver had not yet reached maximum medical improvement at the time of the proceedings; therefore, a determination as to any permanent disability suffered by him could not be made at that time. The court was not required to specifically reserve jurisdiction of the matter for a future determination of permanent disability, because such a reservation would simply have been surplusage, in light of the availability of a

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