Thomas v. Gold Kist, Inc.
Thomas v. Gold Kist, Inc.
Opinion of the Court
This is a workmen's compensation case.
Jerry Thomas filed suit against Gold Kist, Inc., in August 1989, alleging that he was employed as a warehouseman for Gold Kist, Inc., beginning in 1983. He further alleged that an injury occurred in the line and scope of his employment, leaving him permanently disabled since September 1988. Thomas argued that he was inadvertently sprayed in the face with certain chemicals which he was mixing that were used to kill weeds on the Gold Kist premises. The exposure to noxious fumes and chemicals is alleged to have either caused emphysema or aggravated his health, causing him to become partially or permanently disabled as a result thereof. Following a bench trial, the trial court found that Thomas had not provided timely notice of injury in accordance with Ala. Code 1975, §
The only issue raised by Thomas on appeal is whether the trial court erred in finding that he failed to give adequate notice of injury or occupational disease as required by the workmen's compensation laws.
Ex parte Eastwood Foods, Inc.,"The standard of appellate review in workmen's compensation cases is a two-step process. Initially, the reviewing court will look to see if there is any legal evidence to support the trial court's findings. If such evidence is found, then the reviewing court determines whether any reasonable view of that evidence supports the trial court's judgment."
Ala. Code 1975, §
"For purposes of this article only, an injured employee or the employee's representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee's dependent shall not be entitled to physician's or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give the notice had been prevented from doing so by reason of physical *Page 866 or mental incapacity, other than minority, fraud or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident. . . ."
Notice of injury is the first step in the compensation procedure, and its purpose is two-fold: "first, to enable the employer to provide immediate medical diagnosis and treatment in an effort to minimize the seriousness of the injury; and second, to facilitate the earliest possible investigation of the facts surrounding the injury." Harbin v. United StatesSteel Corp.,
Ala. Code 1975, §
Thomas's manager testified that he was unaware of any such injury. There is no record of any report of such an injury in Gold Kist's records. Based upon our standard of review, there is evidence in the record to support the trial court's finding that Thomas did not provide the employer with the required notice of injury in order to be entitled to workmen's compensation benefits. A reasonable view of that evidence supports the trial court's judgment. Eastwood Foods,supra. Accordingly, that portion of the trial court's judgment is due to be, and it is hereby, affirmed.
Ordinarily, based upon the issue raised on appeal, this case would be concluded; however, neither the parties on appeal nor the trial court's judgment addresses issues raised by Thomas's amended complaint for compensation for an occupational disease or the aggravation thereof. Both parties seem to determine that the issue of notice as required by Ala. Code 1975, §
The introductory words of §
"[i]n case of the contraction of an occupational disease, as defined in this article, *Page 867 or of injury or disability resulting therefrom, a claim for compensation, as defined in Section
25-5-1 , shall be forever barred, unless within two years after the date of the injury, as hereinafter defined, the parties shall have agreed upon the compensation payable under this article, or unless within two years after the date of the injury, one of the parties shall have filed a verified complaint as provided in Section25-5-88 ."
The "date of the injury," for purposes of occupational diseases other than pneumoconiosis or radiation, means "the date of last exposure to the hazards of the disease in the employment of the employer in whose employment the employee was last exposed to the hazards of the disease." Ala. Code 1975, §
In the case sub judice, the question of whether Thomas's disease was caused or aggravated by the nature of his employment was pleaded, contested, and submitted to the trial court for its determination. Despite this fact, there was no responsive finding made on this issue in the trial court's judgment. This case must be reversed and the cause remanded to the trial court to make the necessary findings of fact and conclusions of law relating to the issue of occupational disease.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
YATES, J., concurs.
ROBERTSON, P.J., specially concurs in the result.
Concurring Opinion
I specially concur to point out this court's recent decision of Gattis v. NTN-Bower Corp.,
Reference
- Full Case Name
- Jerry Thomas v. Gold Kist, Inc., a Corporation.
- Cited By
- 24 cases
- Status
- Published