Threadgill v. East, Inc.
Threadgill v. East, Inc.
Opinion of the Court
On September 30, 2010, Russell Thread-gill (“the employee”) filed a civil action against East, Inc. (“the employer”), in the Dallas Circuit Court (“the trial court”), seeking benefits under the Alabama Workers’ Compensation Act (“the Act”), § 25-5-1 et seq., Ala.Code 1975. In his complaint, the employee alleged, among other things, that he had injured his lumbar spine, left leg, right arm, and right shoulder due to an accident arising out of and in the course of his employment on April 20, 2010, and that he had injured his right shoulder and left ankle due to a second accident arising out of and in the course of his employment on April 26, 2010. After the employer filed an answer generally denying the. allegations set forth in the employee’s complaint, the trial court set the matter for a hearing as to the com-pensability of the various injuries. On January 25, 2012, the trial court entered an order fully favorable to the employee. The employer moved the trial court to
The employee filed a notice of appeal from the July 19, 2012, order. Because that order did not address all the benefits to which the employee claimed he was entitled on account of his April 20, 2010,
The employee essentially argues that the trial court improperly denied his claim that was based on his April 26, 2010, accident. In that claim, the employee contended that he had fallen at work while convalescing from his April 20, 2010, back injury, thereby injuring his left ankle and right shoulder. At trial, the employee asserted that he had also injured his neck and right arm in that fall. In its July 19, 2012, order, the trial court found that the employee had rolled his ankle as he was exiting the back door of his workshop. The trial court further determined that the employment did not cause the employee to roll his ankle. Thus, the trial court decided that the employee could not recover compensation or other benefits for injuries to his left ankle, neck, right arm, and right shoulder.
Substantial evidence supports the factual findings of the trial court regarding the circumstances of the April 26, 2010, accident. See § 25-5-81 (e)(2), Ala.Code 1975 (“In reviewing pure findings of fact, the finding of the circuit court shall not be reversed if that finding is supported by
The employee presented substantial evidence indicating that he fell due to weakness in his leg emanating from his April 20, 2010, back injury. The employee testified that he had felt numbness and tingling down his left leg into his left foot just before the accident, implying that he fell when he lost full control and movement of his left foot due to those symptoms. Cf. Erwin v. Harris, 474 So.2d 1125 (Ala.Civ.App. 1985) (injuries from fall at home caused by weakness in leg from work-related injury held to be compensable as direct and natural consequence of original, compensable injury). However, the employer presented medical records disputing that the employee had experienced such symptoms before the fall. The trial court, as the finder of fact, was charged with resolving that dispute in the evidence as to the cause of the employee’s fall.
The employer raises several legal issues, all of which are predicated on the effect of a factual finding that the employee had fallen as a result of symptoms resulting from his prior back injury. We do not consider those issues because substantial evidence supports the trial court’s finding that the fall was not a direct and natural consequence of the employee’s earlier back injury. Similarly, we reject the employee’s argument that the employer was required to plead lack of employment causation as an affirmative defense. West Fraser, Inc. v. Caldwell, 104 So.3d 889, 894 n. 6. (Ala.Civ.App. 2012) (“lack of causation is not an affirmative defense to a workers’ compensation claim”), rev’d on other grounds, Ex parte Caldwell, supra.
Finally, the employee maintains that the trial court erred in attributing his right-shoulder injury to the April 26, 2010, fall. A medical record placed into evidence showed that the employee had complained of right-shoulder pain on April 23,
Based on the foregoing, we deny the petition for a writ of mandamus except as it pertains to the employee’s right-shoulder injury. In that regard, we grant the petition and issue the writ, directing the trial court to vacate that portion of its July 19, 2012, order denying benefits for the employee’s right-shoulder injury on the ground that the employee did not prove that the April 26, 2010, fall arose out of his employment. We do not hold that the trial court must find that the April 20, 2010, accident caused the right-shoulder injury; we merely hold that the trial court erred in finding that the failure of the employee to prove that the April 26, 2010, fall arose out of his employment necessarily rendered the right-shoulder injury noneom-pensable.
PETITION GRANTED IN PART AND DENIED IN PART; WRIT ISSUED.
. The order indicated that the employee had not yet reached maximum medical improvement on account of his April 20, 2010, lumbar injury. Thus, the trial court could not assess permanent-disability benefits at the time it entered the July 19, 2012, order. See Ex parte Phenix Rental Ctr., 873 So.2d 226 (Ala. 2003) (holding that a trial court cannot award any permanent-disability compensation until after employee has reached maximum medical improvement). The trial court tentatively set the case for an October 29, 2012, trial on the issue of what permanent-disability benefits the employee might be entitled to for the lumbar injury.
. The employee complains that the trial court originally found in its January 2012 order that the employee’s prior leg weakness had caused his fall but that it later changed its factual finding without having received new evidence. However, a trial court may reconsider its factual findings any time before entering a final judgment and may change those findings without considering new evidence. See Lawrence v. Lawrence, 117 So.3d 723 (Ala.Civ.App. 2013).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.