Alabama Workers' Comp Blawg

  • 25
  • Jul
  • 2010

Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence

W.A. Kendall & Company, Inc. v. Ryan Madison:

On July 23, 2010, the Alabama Court of Civil Appeals reversed a verdict in favor of the plaintiff for permanent and total disability. At trial, the plaintiff presented evidence that he developed two boils under his left arm pit which were lanced. His employer was provided notice of the boils. The plaintiff later developed a right wrist injury, a staph infection, and endocarditis of the mitral valve in his heart which required surgery. The trial judge held that the notice requirement was satisfied because the employer was told about the boils. The overwhelming medical testimony, however, demonstrated that the staph infection, which caused the mitral vale problem, was caused by the wrist injury. As a result, the Court of Appeals reversed the trial court with instructions that it make a finding of fact as to whether notice was provided to the employer.

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