Davis v. Fabarc Steel Supply, Inc.
Davis v. Fabarc Steel Supply, Inc.
Opinion
This is a workmen's compensation case.
This is the second time this case has been before this court. For a detailed statement of the facts, which remain unchanged, see Fabarc Steel Supply, Inc. v. Davis,
After a trial on the merits, the court found that the plaintiff had suffered a fifty percent permanent partial disability to the second finger of his left hand and a fifty percent permanent partial disability to the third finger of the same. Accordingly, the court made an award to the plaintiff under §
The court then ruled, however, that the pain centered in the plaintiff's left shoulder was not related to the on-the-job injury to the plaintiff's fingers or to subsequent medical treatment. From that judgment, the plaintiff appeals.
The dispositive issue raised by plaintiff on appeal is whether a finding "against the great weight of the evidence" that his shoulder pain was not caused by his injury to his fingers is in keeping with the required liberal construction of the Alabama Workmen's Compensation Act.
A workmen's compensation case is reviewable by writ of certiorari. Suit v. Hudson Metals, Inc.,
In order to recover benefits for permanent total disability, a claimant must prove that he is permanently and totally disabled and that his disability resulted from an accident arising from his employment. §
A review of the record indicates that there is legal evidence to support that finding. There does appear to be some conflicting testimony. However, Dr. Veach, the orthopedic specialist who treated the plaintiff's finger injuries, emphatically stated that the shoulder pain could not be related to the finger injuries "with sound medical judgment." Dr. Veach testified that the plaintiff did not complain about his shoulder until a month after the accident which injured the plaintiff's fingers. Most of the testimony offered by the plaintiff addresses whether the plaintiff is disabled rather than whether the finger injuries caused the disabling shoulder pain. Findings of the trial court on conflicting testimony are conclusive where there is any testimony to support those conclusions. Suit v. Hudson Metals, Inc., supra.
In a workmen's compensation case, the plaintiff has the burden of proof to establish the causal connection between the work and the injury. Ray Motels, Inc. v. Griffin,
The judgment of the trial court is due to be affirmed.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Douglas Davis, Sr. v. Fabarc Steel Supply, Inc.
- Cited By
- 5 cases
- Status
- Published