Alabama Workers' Comp Blawg

  • 07
  • Nov
  • 2009

TRIAL COURT REVERSED ON FINDING THAT SHOULDER WAS A SCHEDULED INJURY BUT AFFIRMED ON FINDING THAT BACK INJURY WAS NOT COMPENSABLE

Karen Taylor v. Goodyear Tire & Rubber Company, Inc.:   

On November 6, 2009, the Alabama Court of Civil Appeals released this opinion wherein it considered 3 issues. First, it reversed the trial court’s finding that the employee’s shoulder injury fell within the schedule. It noted multiple prior decisions where the Court held that an injury to the shoulder is not an injury to the arm. Second, it affirmed the trial court’s finding that the employee’s back was not a compensable claim. Since there was substantial evidence (including medical testimony) supporting both sides, the Court was obligated to defer to the discretion of the trial court. Third, the employee claimed that the trial court incorrectly calculated the amount of TTD owed. The Court affirmed the trial court on this issue since the trial court determined that TTD was not owed once the doctor released the employee regarding her shoulder injury. Although the doctor did not release the employee for her back problem for several additional months, this was determined not to be a factor in calculating TTD since it was not a compensable injury.

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