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

Court of Civil Appeals of Alabama

Morgan County | 37 So. 3d 813 | Nov. 6, 2009


Shoulder Injury is not an Arm Injury, but an Injury to the Body as a Whole

In this case, Karen M. Taylor appealed a judgment awarding her workers' compensation benefits from Goodyear Tire & Rubber Company, Inc. for an injury sustained at work. The key issue of appeal was the trial court's decision to treat Taylor's shoulder injury as a 'scheduled injury' to the arm instead of as an injury to the 'body as a whole'.

The Court of Civil Appeals agreed with Taylor, stating that a shoulder injury should not be classed as an injury to the arm. The court therefore ordered a recalculation of benefits based on any loss of earning capacity resulting from the shoulder injury. The court also rejected Taylor's claims for compensation for previously unreported lower back and neck injuries, as there was insufficient evidence they were work-related. The decision about the amount of temporary-disability benefits was upheld.

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