International Paper Co. v. Bracknell

• Decision Date: 24 January 2003
• Citation: 854 So.2d 116
• Parties: INTERNATIONAL PAPER COMPANY v. Bobby BRACKNELL.
• Court: Alabama Court of Civil Appeals

854 So.2d 116

INTERNATIONAL PAPER COMPANY v. Bobby BRACKNELL.

2011138.

Court of Civil Appeals of Alabama.

January 24, 2003.

Roy W. Scholl III, Centreville, for appellant.

Rickman E. Williams III of Pitts, Pitts & Williams, Selma, for appellee.

YATES, Presiding Judge.

Bobby Bracknell sued his employer, International Paper Company, on May 24, 2001, seeking to recover workers' compensation benefits and alleging that during the course of his employment with International Paper he had been continuously exposed to hard-metal dust and as a result of that exposure had sustained a permanent injury to his lungs. On December 4, 2001, Bracknell moved the court to order International Paper to pay him temporary total-disability benefits to which he alleged he was entitled beginning on the date that he was last employed with International Paper. Bracknell also alleged that the benefits were overdue, and he sought the 15% penalty provided by § 25-5-59(b), Ala. Code 1975.

Following a hearing on the motion, the trial court, on July 13, 2002, entered the following order:

"1. That the Defendant is hereby ordered to pay to the Plaintiff within fourteen (14) days of this Order temporary total disability benefits in the amount of... $32,201.40. The Court notes that the evidence presented at the hearing on this matter indicates that it was not until May 16, 2002, until the Defendant's expert, Dr. Allen R. Goldstein, and the Plaintiff's treating physician, Dr. Richard Champion, were able to identify the cause of Plaintiff's lung problems. Further, both doctors agreed that the Plaintiff was unable to return to work during the time period between April 9, 2001, through May 16, 2002. However, it does appear to the Court that the Plaintiff reached maximum medical improvement on or about May 16, 2002, when both pulmonologists, Dr. Allen R. Goldstein and Dr. Richard Champion identified the cause of Plaintiff's lung problems associated with his employment at International Paper to be a hypersensitivity pneumonitis.

"2. The Court further orders that Plaintiff's request for a 15% penalty under Alabama Code Section 25-5-59(b) to be assessed against the Defendant, International Paper Company is hereby denied.

"3. All other matters are left for future orders of this Court."

International Paper Company appeals.

Bracknell argues, among other things, that the trial court's judgment is not a final judgment from which an appeal may be taken. We agree. This court has stated:

"We note that in a workers' compensation case the decision of the judge hearing the case shall be conclusive and binding between the parties. A party may appeal to the appropriate appellate court from any final judgment of the circuit court or probate court. An appellate court is without jurisdiction to review a matter where no final judgment has been entered. The determination whether a judgment is final does not depend on the title of the order; rather, the determination whether a judgment is final depends on whether it sufficiently ascertains and declares the rights of the parties."

B E & K, Inc. v. Weaver, 743 So.2d 476, 478-79 (Ala.Civ.App.1999) (citations omitted).

In B E & K, Inc.,...