Thomas v. Gulf States Paper Corp.
| Decision Date | 18 June 1964 |
| Docket Number | 6 Div. 984 |
| Citation | 166 So.2d 104,276 Ala. 660 |
| Parties | Walter S. THOMAS v. GULF STATES PAPER CORPORATION et al. |
| Court | Alabama Supreme Court |
Turner & Turner, Tuscaloosa, for appellant.
Bruce McEachin, Jones, McEachin & Ormond, Tuscaloosa, for appellees.
This is a petition for certiorari to review a judgment of the Hon. Reuben H. Wright, Judge of the Circuit Court of Tuscaloosa County, denying the plaintiff permanent and total disability benefits under the Workmen's Compensation Act of Alabama.
The plaintiff had been employed by the defendant Gulf States Paper Corporation for approximately ten years. His duties consisted of cutting brush, and chaining for a land surveying crew. On July 17, 1961, the 'carry-all' motor vehicle used to transport the surveying crew and equipment stalled in the mud and the plaintiff helped push it out. The plaintiff testified that his back began to hurt a little soon after, but that he really didn't think too much about it until that night. On the morning after the plaintiff claimed he was injured, the plaintiff informed his immediate supervisor, Robert Allen, that his back and hip were hurting, but said nothing as to cause of his discomfort. In fact, the plaintiff testified that he really never did tell any of his superiors, or supervisors, that his injury was a result of pushing the 'carryall' vehicle.
As it became evident that the plaintiff was experiencing some difficulty in getting about, Allen took the plaintiff to a physician, who diagnosed his injury as a lumbo-sacral sprain or strain. From that date until August 2, 1961, the plaintiff remained off work. On August 2, 1961, he returned to work and worked until September 21, 1961, when, as the plaintiff testified, he first noticed his back trouble in particular. At this time the plaintiff was placed on sick leave and drew wages until November 15, 1961, when his employment was terminated.
During the proceedings in the lower court, the only two physicians who had treated the plaintiff for his back trouble testified that the plaintiff's injury could well have been sustained by causes other than pushing the defendant's 'carry-all' on July 17, 1961.
The trial judge, after consideration of the evidence and arguments submitted, made the following findings of fact:
'(1) That the plaintiff did not give written notice of his injury, if any, at any time prior to the filing of this suit to either defendant and neigher defendant had actual...
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Ex parte Eastwood Foods, Inc.
...Tennis Courts, Inc. v. Hinton, 378 So.2d 235 (Ala.Civ.App.1979) cert. denied, 378 So.2d 239 (Ala.1979); Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104 (1964); and Dean v. Stockham Pipe & Fittings Co., 220 Ala. 25, 123 So. 225 (1929). Another line of cases would not disturb t......
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Hayles v. Ray E. Loper Lumber Co., 1 Div. 5
...for the conclusion that the plaintiffs were not partially dependent upon the deceased son-brother. As stated in Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104: 'The rule has long been settled that on certiorari to review judgments in compensation cases, this court does not l......
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...to be gleaned therefrom, to support the trial court's findings of fact, its judgment must be upheld. Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104 (1964). Abercrombie argues that in this case his actions in aiding a regular customer of the cafe were in the furtherance of hi......
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