Orkin Exterminating Co., Inc. v. Williams
Orkin Exterminating Co., Inc. v. Williams
Opinion
This is a workmen's compensation case.
The employer, Orkin Exterminating Company, appeals from an order of the trial court awarding claimant Williams compensation based on a permanent partial loss of ability to earn.
The first issue presented by this appeal is whether the trial court erred in computing the employee's average weekly earnings. It is undisputed that Williams had been employed by Orkin for more than fifty-two weeks preceding his injury. Thus, the determination of his average weekly earnings is controlled by the first part of §
Compensation under this section shall be computed on the basis of the average weekly earnings. Average weekly earnings shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury divided by 52. . . .
The courts of this state have consistently held that the application of this section in determining the average weekly earnings of an injured employee who has worked in the same employment for more than fifty-two weeks is mandatory. Odell v.Myers,
The employer contends that there was no legal evidence before the trial court from which compensation could be computed in accordance with the statute and that its motion for directed verdict should have been granted. In considering this contention of the employer, we are guided by well-established rules of review.
The workmen's compensation laws are remedial in nature and to be construed *Page 937
and applied liberally to effect their beneficent purposes.Tiger Motor Co. v. Winslett,
The employer's final issue is whether there is any evidence in the record to support the trial court's finding of a fifty percent permanent partial loss of ability to earn. Although the medical testimony was that Williams had only a five percent to ten percent medical disability, it is well established that medical testimony is not the only factor a trial court may consider in determining loss of ability to earn. Stewart v.Busby,
This case is reversed and remanded for determination by the trial court of the correct amount of compensation due Williams under the statute.
REVERSED AND REMANDED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Orkin Exterminating Co., Inc. v. Billy Williams.
- Cited By
- 17 cases
- Status
- Published