International Paper Co. v. Rogers
| Decision Date | 08 October 1986 |
| Citation | 500 So.2d 1102 |
| Parties | INTERNATIONAL PAPER COMPANY v. Dennis Wayne ROGERS. Civ. 5297. |
| Court | Alabama Court of Civil Appeals |
Carroll H. Sullivan and John C. Dobbs of Hume & Sullivan, Mobile, for appellant.
Robert C. Campbell III of Sintz, Campbell, Duke, Taylor & Cunningham, Mobile, for appellee.
This is a workmen's compensation case.
The trial court found the employee to have a ninety percent reduction in his earning capacity as a proximate result of his injury, for which he is entitled to receive compensation from his employer. The employer appeals. We affirm.
The standard of review in workmen's compensation cases is limited to a determination of whether there is any legal evidence to support the trial court's findings of fact. Southern Prestressed Concrete Inc. v. Thomas, 485 So.2d 772 (Ala.Civ.App.1986). If there is any legal evidence to support the trial court's findings, we must affirm. Washington v. Warrior Tractor & Equipment Co., 487 So.2d 1371 (Ala.Civ.App.1986). We may not review the weight or preponderance of the evidence, and if the factual findings of the trial court are based on conflicting testimony these findings are conclusive. Blue Bell, Inc. v. Nichols, 479 So.2d 1264 (Ala.Civ.App.1985).
Dennis Wayne Rogers (employee) was employed as a chemical engineer for International Paper Company (employer) in August 1979. After a preemployment physical examination it was discovered that the employee had a back deformity known as spondylolisthesis. The evidence also shows that prior to the back injury in March 1983 the employee had no disability or back problems. He testified that he had never missed time from work nor had he taken any medication because of any back problems. The record shows that the employee was examined in 1982 and the spondylolisthesis was again confirmed. The record reveals that although an evaluation and possible surgery were mentioned the employee was able to carry out his normal work duties as a chemical engineer without the surgery. The medical history also shows that the employee was not suffering from any pain at that time.
In March 1983 the employee suffered a back injury during the course of his employment. The doctor diagnosed this injury as a back strain with probable nerve root pressure superimposed on the spondylolisthesis. In September 1983 a spinal fusion was performed on the employee to relieve his symptoms. The record reflects that the employee did return to work in a limited capacity but was laid off from his job in August 1985. Since this time the employee has applied for jobs but has been unsuccessful and still remains unemployed.
The employer argues that the trial court did not comply with section 25-5-58, Code 1975. We disagree. This section provides as follows:
"If the degree or duration of disability resulting from an accident is increased or prolonged because of a preexisting injury or infirmity, the employer shall be liable only for the disability that would have resulted from the accident had the earlier injury or infirmity not existed."
The term "infirmity" under this section has been construed to refer to a condition which affects the employee's ability to work as a normal man at the time of and prior to the accident, or would probably so affect him within the compensable period. Ingalls Shipbuilding Corp. v. Cahela, 251 Ala. 163, 36 So.2d 513 (1948). This section does not refer to latent conditions which might not spring into activity during the compensable period, and at the time of the accident are not causing any apparent physical effect on the health or activity of the employee. North Alabama Nursing Home, Inc. v. Borden, 442 So.2d 112 (Ala.Civ.App.1983). It is a fundamental principle that an employer take the employee subject to his...
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Wal-Mart Stores, Inc. v. Bratton
...for workmen's compensation purposes. Morrow Drilling Co. v. Adkins, 597 So.2d 1365 (Ala.Civ.App.1992); International Paper Co. v. Rogers, 500 So.2d 1102 (Ala.Civ.App.1986). But see Druid City Hosp. Regional Medical Ctr. v. Junkins, 495 So.2d 69 (Ala.Civ.App.1986), wherein this court reverse......
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Taylor v. Mobile Pulley & Mach. Works
...is still compensable even though the accident may not have caused the same injury in a normal person. [International Paper Co. v. Rogers, 500 So.2d 1102 (Ala.Civ.App.1986) G.C. Colyer & Co. v. McAdams, 562 So.2d 1326, 1328-29 (Ala.Civ.App.1990) (affirming a trial court's finding that the em......
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Graham v. American Cyanamid Co.
...was able to perform his duties prior to the subject injury. Lewis v. 4-E Corp., 469 So.2d 599 (Ala.1985); International Paper Co. v. Rogers, 500 So.2d 1102 (Ala.Civ.App.1986). The evidence is undisputed that any injury suffered by the claimant in 1985 occurred on the job of American Cyanami......
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Crosland v. Board of Review of Indus. Com'n of Utah
...accept reduced compensation for injuries resulting from aggravation of preexisting conditions. See, e.g., International Paper Co. v. Rogers, 500 So.2d 1102, 1103 (Ala.Civ.App.1986) (construing term "infirmity" in statute similar to Utah's to allow unreduced compensation for employee with pr......