Ex Parte Randolph and Randolph Company

Supreme Court of Alabama November 14, 1997

Ex Parte Randolph and Randolph Company, 706 So. 2d 1218 (Ala. 1997)

1997 Ala. LEXIS 445; 1997 WL 707072

Shores, Hooper, Almon, Houston, Kennedy, Cook, Butts, Maddox, See

Opinion of the Court

SHORES, Justice.

WRIT DENIED.

HOOPER, C.J., and ALMON, HOUSTON, KENNEDY, COOK, and BUTTS, JJ., concur. MADDOX and SEE, JJ., dissent.

Dissenting Opinion

MADDOX, Justice

(dissenting).

I dissent for the same reasons I dissented in Ex parte Northam, 689 So.2d 854 (Ala. 1996). I do not believe that the testimony of an employee that he or she is disabled is substantial evidence upon which a finding of disability can be made, if there is no medical evidence to support such a finding; therefore, I would issue the writ of certiorari.

Reference

Full Case Name: Ex Parte Randolph and Randolph Company. (Re Randolph and Randolph Company, D/B/A Randolph and Randolph Logging Harold Randolph and Jeff Randolph v. William C. Bates).
Status: Published