Tyson Foods, Inc. v. Calloway
| Decision Date | 01 August 1990 |
| Citation | 568 So.2d 811 |
| Parties | TYSON FOODS, INC. v. Stacey Y. CALLOWAY. Civ. 7545. |
| Court | Alabama Court of Civil Appeals |
J. Victor Bowman and H.R. Burnham of Burnham, Klinefelter, Halsey, Jones & Cater, Anniston, for appellant.
Stewart Burns and Douglas Burns of Burns, Burns & Burns, Gadsden, for appellee.
This is a workmen's compensation case.
After ore tenus proceedings, the trial court determined that Stacey Y. Calloway (employee) had suffered an on-the-job injury in August 1987, which arose out of and in the course of her employment with Tyson Foods, Inc. (employer). The employer appeals.
The trial court specifically found that the accidental injury caused permanent disability, "which resulted in vocational disability suffered by the [employee] on a permanent basis at the rate of 38%." The employer was ordered to pay workmen's compensation benefits accordingly.
However, the trial court made no specific finding that the employee sustained any loss of ability to earn. Compensation is awarded on the basis of loss of ability to earn, and without such a finding, no compensation can be awarded. Gibson v. Southern Stone Co., 500 So.2d 32 (Ala.Civ.App.1986). Accordingly, this case must be reversed and remanded to the trial court for a determination of whether the employee has sustained any loss of ability to earn upon which to base an award. Alabama Power Co. v. Daniel, 545 So.2d 779 (Ala.Civ.App.1989).
REVERSED AND REMANDED WITH DIRECTIONS.
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W.W. Dyar & Sons, Inc. v. Cochran
...in its final judgment that "Jerry Cochran is 100% vocational disabled." The employer relies heavily on Tyson Foods, Inc. v. Calloway, 568 So.2d 811 (Ala.Civ.App.1990), in which this court reversed the trial court's award of workers' compensation benefits when the court had failed to find sp......
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Hooper v. Denney
...is awarded on the basis of loss of ability to earn, and without such a finding, no compensation can be awarded. Tyson Foods, Inc., v. Calloway, 568 So.2d 811 (Ala.Civ.App.1990); Gibson v. Southern Stone Co., 500 So.2d 32 The previous record on appeal revealed that the employee had his own b......