Gibson v. Southern Stone Co., Inc.
Gibson v. Southern Stone Co., Inc.
Opinion
The employee was injured while employed at Southern Stone Company, Inc., and sought benefits from the employer under Alabama workmen's compensation laws.
The trial court found that the employee sustained a 20% permanent partial loss of ability to earn and awarded him benefits accordingly. The employee appeals.
We note that this is the second time that this case has been before us. For a complete statement of the facts see Gibson v.Southern Stone Co.,
The dispositive issue on this appeal is whether there is any legal evidence to support the trial court's finding of a 20% permanent partial loss of ability to earn.
Initially we note that this case is before this court on certiorari. Ala. Code 1975, §
In the present case, there was testimony from two vocational consultants that the employee sustained a 50% permanent partial loss of ability to earn. The employee therefore argues that the evidence is uncontroverted and that he is entitled to receive benefits based on a 50% loss of ability to earn. We disagree.
It is well settled that expert opinions in workmen's compensation cases are not binding on the trial court even if the testimony is uncontroverted. Blue Bell, Inc. v. Nichols,
Therefore, the trial court here was not bound by the opinions of the experts who testified concerning the employee's loss of ability to earn. Instead, the trial court could also consider other evidence, including that of the two doctors who testified that the employee had sustained a 25% medical impairment to his hand, which equaled a 14% impairment to his whole body. The court could also consider the fact that the employee was still employed in the *Page 732 same capacity with higher earnings. Further, as noted above, the trial court could consider the demeanor of the employee and other witnesses in making a determination of loss of ability to earn.
This court cannot consider the weight of the evidence or the propriety of the trial court's findings of fact, for our inquiry is limited to a determination of whether there is any legal evidence to support the trial court's findings. RayMotels, Inc. v. Griffin,
Suffice it to say that we have reviewed the record, and in view of the above we find that there was evidence to support the trial court's decision.
This case is due to be affirmed.
AFFIRMED.
BRADLEY, P.J., and HOLMES, J., concur.
Reference
- Full Case Name
- Thomas Gibson v. Southern Stone Company, Inc., a Corporation.
- Cited By
- 15 cases
- Status
- Published