Ex Parte West Fraser, In re: Thomas

Court of Civil Appeals of Alabama

Lee County | 249 So. 3d 506 | Sept. 15, 2017

West Fraser, Inc. Challenges Order on Compensability of Employee's Injury

West Fraser, Inc. sought a writ of mandamus to direct the Lee Circuit Court to rescind its June 22, 2017 order. The order was in regard to an action for benefits under the Alabama Workers' Compensation Act, involving Johnny Thomas, an employee of West Fraser. Thomas claimed injuries sustained during work, alleging he hurt his neck, back, arms, and legs while trying to free a log stuck in a conveyor belt. He professed the resultant permanent total disability from this incident. West Fraser countered, asserting that no such accident had been reported. They highlighted that they became aware of the supposed incident only when they received Thomas's complaint almost a year after the alleged event.

The trial court, after an evidentiary hearing, did not make definitive findings on the origin and cause of Thomas's injuries or whether West Fraser was liable for the treatment. West Fraser's petition contended that the trial court's order was not in line with § 25-5-88, Ala. Code 1975, as it did not provide clear findings of fact or conclusions of law. Additionally, they criticized the trial court's allowance of Thomas to switch his claim during the hearing from an accidental injury to a cumulative-trauma injury. Moreover, West Fraser contested that Thomas failed to give the necessary 90-day notice post-accident as mandated by § 25-5-78, Ala. Code 1975.

Given that the trial court's order did not comply with § 25-5-88, the appellate court granted West Fraser's petition and directed the trial court to revise its order to meet the requisite statutory conditions.