Benefield v. Goodwill Industries of Mobile
Benefield v. Goodwill Industries of Mobile
Opinion
This is a workmen's compensation case.
The trial court determined that the employee was not entitled to workmen's compensation benefits. The employee, through able counsel, appeals and we affirm.
The dispositive issue on appeal is whether there is any evidence to support the trial court's conclusion that the employee was not entitled to benefits. In addition to this primary issue, the employee also contends that the trial court's findings of fact are insufficient.
The employee contends that the evidence supports his claim that the injury to his toe was incurred in the course of his employment when he stepped on a sharp object or was bitten by ants, triggering a pre-existing bone disease. The disease could not be successfully treated, and the front third of the employee's foot had to be amputated. While the record may contain evidence which supports the employee's argument, we find that there is also evidence to the contrary. Specifically, one of the physicians treating the employee's foot testified that the pre-existing, but dormant, bone disease in the employee's toe could have been activated, not by stepping on a sharp object or by ant bites, as the employee claimed, but by the everyday nonemployment-related trauma of "braking" one's walking and of friction inside one's shoe.
We further note that the employee himself gave varying versions of how he was "injured."
We reiterate that, on review of a workmen's compensation case, we do not determine whether there is substantial evidence to support the judgment of the trial court. Rather, if there is any evidence supporting the findings of fact, we must affirm the trial court as to those factual matters. Wilson v. BerryIndustries Company, 451 So.2d at 342. We find that there was such supporting evidence in this case.
While this court has reversed workmen's compensation decisions in which the trial court's findings of fact were completely unresponsive to the issues, see, e.g., Dennis v. Gamble's Inc.,
We have reviewed the judgment entered by the trial court and find that it substantially complies with the requirements of §
The judgment of the trial court is affirmed.
AFFIRMED.
WRIGHT, P.J., and BRADLEY, J., concur. *Page 507
Reference
- Full Case Name
- Henry A. Benefield v. Goodwill Industries of Mobile.
- Cited By
- 10 cases
- Status
- Published