Marley Erectors, Inc. v. Rice
Marley Erectors, Inc. v. Rice
Opinion
This is a workmen's compensation case.
Barbara Rice, an employee of Marley Erectors, Inc. (Marley), filed suit in November 1987, seeking workmen's compensation benefits, alleging that she was injured in June 1987, when a piece of concrete struck the hard hat which she was wearing. The trial court found that Rice suffered a work-related accident and suffered a "severe psychological disability," and it awarded compensation for a 15% permanent partial disability.
Marley appealed, contending, inter alia, that the trial court failed to find that Rice had suffered a loss of earning capacity. Workmen's compensation cannot be awarded without a finding of a loss of ability to earn. Alabama Power Co. v.Daniel,
Marley again appealed, and this court reversed the trial court's finding that Rice had suffered a 15% loss of earning ability. Marley Erectors, Inc. v. Rice,
Marley contends on appeal 1) that the workmen's compensation laws do not allow Rice to recover for an accident that does not cause physical injury; 2) that an employee who has no permanent disability may not recover future medical expenses; 3) that the trial court wrongly ordered Marley to pay Rice's past medical and psychological expenses; and 4) that Rice has not established sufficient medical causation between the accident and her depression.
At the outset, we note the two-step standard of review in workmen's compensation cases. Initially, this court must look to see whether there is any legal evidence to support the trial court's findings. If we find that such evidence exists, we must then determine whether any reasonable view of that evidence supports the trial court's judgment. Ex parte Eastwood Foods,Inc.,
Marley first contends that Rice cannot recover benefits for mental impairment when the trial court has found no physical injury, citing J.C. Penney Co. v. Pigg,
Marley next contends that Rice's injury was caused by a co-worker's harassment, and that it is therefore non-compensable. At the time of Rice's injury, Ala. Code 1975, §
"['Injury' as used in this Act]
"[this definition of work-related injury] shall not include any injury caused by the act of a third person or fellow employee intended to injure the employee because of reasons personal to him and not directed against him as an employee or because of his employment . . ."
Rice had conjectured to her physician that a co-worker whom she refused to date might have deliberately dropped the concrete on her head. Marley argues that Rice's hypothesis released it from liability pursuant to Ala. Code 1975, §
Marley next contends that future medical expenses cannot be awarded without a finding of permanent disability, and that there is no evidence that Rice's past medical expenses were reasonable and necessary. Marley's argument is erroneous in that it apparently assumes that the trial court determined that Rice did not suffer a work-related injury. The trial court expressly found that Rice suffered a work-related injury; however, she did not suffer *Page 34
a loss of earning capacity. See Marley Erectors, Inc. v. Rice,
Marley additionally argues that Rice's past medical expenses were not shown to be reasonable and necessary and therefore should not be reimbursed. The record reveals that the trial court admitted into evidence the medical charges, stating that it would make a determination regarding reasonableness. Dr. Mallory Miree testified that the psychiatric charges were reasonable. That testimony supports the trial court's finding of reasonableness; therefore, there is no error to this issue.Alverson v. Fontaine Fifth Wheel Co.,
Marley's last contention is that Rice failed to show sufficient medical causation between the accident and her subsequent depression. To establish medical causation, the employee must show that the hazard to which the employee was exposed was a contributing cause of the employee's injury.Patterson v. Clarke County Motors, Inc.,
The salient disputed facts in this case are as follows: 1) that Rice held various jobs following the 1987 accident at a pay rate equal to or higher than her pay prior to the accident, 2) that in November 1988, one week after a romantic relationship ended, Rice was admitted to the hospital for treatment of depression, 3) that Marley argues that the timing of this hospitalization indicates that Rice's condition was caused by the breakup of that relationship, and not by the work-related accident, and that this argument is supported by the deposition of Dr. L. Lamar Ager, and 4) that in opposition, Dr. Miree testified that Rice's depression was a result of the on-the-job accident.
This court does not weigh evidence. Blue Circle, Inc. v.Williams,
Marley argues that Dr. Miree's testimony should be stricken from the record because it relies on facts outside the record and not in evidence, and because Dr. Miree's opinion was partially based on the earlier diagnosis of Dr. Fletcher Hamilton. Testimony from experts that is based on medical, hospital, or psychological records of other persons is allowed,Nash v. Cosby,
Having carefully examined the record, we find evidence to support the trial court's findings, and a reasonable view of that evidence supports the trial court's judgment.Eastwood, supra. Accordingly, the judgment of the trial court is affirmed.
AFFIRMED.
ROBERTSON, P.J., and RUSSELL, J., concur. *Page 35
Reference
- Full Case Name
- Marley Erectors, Inc. v. Barbara Rice.
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- Published