Armstrong v. LEWIS & ASSOCIATES CONST. CO.
Armstrong v. LEWIS & ASSOCIATES CONST. CO.
Opinion
This is a workmen's compensation case.
This is the second time that this case has been before this court. For a complete statement of the facts, see Armstrong v.Lewis Associates Construction Company, Inc.,
The claimant contends in this second appeal that the trial court, which on remand assigned claimant the same award, entered a judgment which is not supported by any legal evidence and disregarded undisputed expert testimony offered to support the claimant's assertions of disability.
The proper mode of review in a workmen's compensation case is by writ of certiorari. Suit v. Hudson Metals, Inc.,
In arriving at its judgment, "[t]he trial court may consider all evidence, including its own observations, and interpret it according to its own best judgment." Allen v. DiversifiedProducts, supra. (Emphasis added.) The trial court is not bound by the opinion of expert witnesses. Clark Lumber Co. v.Thornton,
Pursuant to our order in the previous appeal, the trial court has entered an amended judgment, which reads as follows:
"AMENDMENT TO JUDGMENT
"This case was reversed and remanded by the Court of Civil Appeals on May 9, 1984, with directions for this Court to reconsider the case and to enter a judgment with a more complete finding of fact.
"In compliance with the opinion filed by the Court of Civil Appeals, the entire court file, the medical depositions offered at the trial and the transcript of the testimony which was heard orally by the Court have been once again carefully reviewed.
"The Court remembers this case very well and recalls the demeanor of the Plaintiff and his wife at trial. The distinct impression was formed by me at trial, based upon my observation of the Plaintiff and upon hearing his testimony, that he was purposely trying to make his condition appear much worse than it really was. The Court has read and re-read the depositions of Dr. Kersey and Dr. McKeown and is well aware that those gentlemen felt that Plaintiff was not malingering; however, this Court had great difficulty in reconciling their testimony with the demeanor and manner of testifying of Plaintiff on August 9, 1983, the date of trial. Perhaps the lapse of two years and eight months from Dr. Kersey's last examination of Plaintiff (November *Page 607 25, 1980) to the trial and the lapse of more than two years from Dr. McKeown's last examination (July 17, 1981) to trial explain somewhat the difference in what these doctors saw and what the Court saw. This Court had an abiding conviction and judgment on the date of trial that Plaintiff was malingering and still feels that Plaintiff was malingering on August 9, 1983. This was the basis for the Court's finding of only a 5% loss of ability to earn, which this Court still feels is right and proper."
As the defendant correctly contends, the plaintiff in a workmen's compensation case has the burden of proving, by credible evidence, all elements of his case. Simpson v. AlabamaDry Dock Shipbuilding Co.,
Here, where the trial court has had opportunity to view the plaintiff, and to observe his demeanor, and where the only evidence of disability offered was subjective complaints, with no organic or physical disorders either caused or aggravated by the plaintiff's work-related injury, we cannot find that the trial court has erred. From the amended judgment itself it is clearly apparent that the trial court considered the expert testimony, but simply did not believe that the claimant actually suffered from a permanent psychological disability. Based on the inconclusive testimony of the claimant's expert witnesses, and the restraints on our scope of review, we hold that the trial court is due to be affirmed.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- William W. Armstrong v. Lewis Associates Construction Co., Inc.
- Cited By
- 20 cases
- Status
- Published