Bankhead Forest Industries, Inc. v. Lovett
Bankhead Forest Industries, Inc. v. Lovett
Opinion
This is a workmen's compensation case. Employee, Eunice Lovett, was injured on the job when a stack of lumber fell on her feet, causing nerve damage. Suit was filed against her employer, Bankhead Forest Industries, Inc., and trial was had ore tenus. The evidence at trial tended to show that employee, fifty-seven years of age with a sixth-grade education and no sales experience or business equipment experience, had suffered a tarsal tunnel syndrome in both feet. Tarsal tunnel syndrome is a condition caused by a compression of the nerves. Employee testified she is in much pain and is unable to do even minor chores around the house. Her husband testified in her support to the same effect. The attending *Page 900
physician subjectively estimated fifteen percent disability to the left foot based on employee's complaints of pain. The trial court found employee totally and permanently disabled, entitling her to receive workmen's compensation benefits based on such total permanent disability as required by §
Employer raises the issue on appeal as to whether there was any reasonable evidence presented to the trial court that would form the court's basis for a finding of permanent and total disability and loss of earning ability. As its first point on this issue, employer asserts no reasonable evidence was presented to the trial court to support its finding because there was no testimony of any physical impairment other than the employee's own testimony wherein she complained of pain and the attending physician's subjective disability rating based on the employee's complaints. A trial court may make a finding of permanent total disability or a percentage of disability without even expert medical testimony. Stewart v. Busby,
The test for permanent total disability is not absolute helplessness or entire physical disability but inability to perform one's trade or1 inability to obtain gainful employment.City of Muscle Shoals v. Davis,
Lastly, employer claims under the authority of a Florida appellate court decision (Cardinal Industries, Inc. v. Dawkins,
No other matters being raised on appeal, this case is due to be affirmed.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Bankhead Forest Industries, Inc. v. Eunice T. Lovett.
- Cited By
- 40 cases
- Status
- Published