Marley Erectors, Inc. v. Rice
| Decision Date | 21 February 1990 |
| Citation | 560 So.2d 1083 |
| Parties | MARLEY ERECTORS, INC. v. Barbara RICE. Civ. 7163. |
| Court | Alabama Court of Civil Appeals |
John J. Coleman III and J. Robin Rogers of Balch & Bingham, Birmingham, for appellant.
Charles F. Carr and Thomas L. Oliver II of Rives & Peterson, Birmingham, for appellee.
This is a workmen's compensation case.
The employee, Barbara Rice, alleged a psychological injury following an incident at work in which a rock fell on her hard hat. The employee sought benefits from her employer, Marley Erectors, Inc., pursuant to Alabama's workmen's compensation statutes.
Following the presentation of ore tenus evidence, the trial court issued an order which set forth its findings of fact, conclusions of law, and judgment in the case.
The trial court found that employee was "15% permanent partially disabled as a result of this accident" and awarded employee benefits.
The employer appeals contending, among other things, that the trial court erred in entering an award of compensation without making a finding as to employee's loss of ability to earn.
The trial court found that the employee "was injured while working on the job--most likely a combination of the falling rock and harassment by co-employees--all of which contributed to her severe psychological disability." The trial court then concluded that the employee had a 15% permanent partial disability due to the accident and awarded compensation.
Although the trial court's order is four pages long, it does not include a finding concerning any loss of employee's ability to earn. When such a finding is absent from the judgment, no grounds for awarding compensation exists. Alabama Power Co. v. Daniel, 545 So.2d 779 (Ala.Civ.App.1...
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Boothe v. Jim Walter Resources, Inc.
...has suffered a loss of ability to earn. Absent that finding, no grounds exist for awarding compensation. Marley Erectors, Inc. v. Rice, 560 So.2d 1083 (Ala.Civ.App.1990). Ordinarily, this court will reverse the trial court's judgment and remand the cause for a determination regarding the lo......
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Marley Erectors, Inc. v. Rice
...and reversed and remanded for a determination of whether the employee suffered a loss of ability to earn. Marley Erectors, Inc. v. Rice, 560 So.2d 1083 (Ala.Civ.App.1990). Following remand, the trial court entered a revised order, which adopted the findings of fact in its original order and......
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Hollar Oil Co. v. Bryant
...of ability to earn. A finding regarding loss of ability to earn is required to support an award of benefits. Marley Erectors, Inc. v. Rice, 560 So.2d 1083 (Ala.Civ.App.1990). Although the trial court did not use the specific words "loss of ability to earn," that finding was clearly implicit......
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Marley Erectors, Inc. v. Rice
...and remanded the cause for a determination regarding whether Rice had suffered a loss of earning ability. Marley Erectors, Inc. v. Rice, 560 So.2d 1083 (Ala.Civ.App.1990). On remand, the trial court amended its order incorporating its original order and specifically finding that Rice had su......