Brewton YMCA v. Lanier

Court of Civil Appeals of Alabama

Escambia County | 232 So. 3d 887 | March 17, 2017


Court Affirms Workers' Compensation Award for Injured Worker's Work-Related Fall Despite Conflicting Testimonies

Georgia H. Lanier, an employee at Brewton Area Young Men's Christian Association, Inc., sustained hip fractures following a fall at her workplace on December 19, 2012. She brought a lawsuit against her employer seeking workers' compensation benefits. Post-trial, Lanier emerged victorious, with the court deeming her injuries compensable and granting her both temporary and permanent compensation benefits.

Lanier's testimony about tripping over a chair during the fall was central to the case. However, her version of events faced contradictions, particularly from coworker Daniel McNamara and supervisor Cathy Green. While Lanier asserted she tripped over a chair, McNamara claimed she merely fell. Medical records, while confirming her injuries, showed no signs of a head injury, contradicting Lanier's claim of hitting her head during the fall.

The employer challenged the trial court's decision, citing inconsistencies in Lanier's accounts and testimonies. Still, based on substantial evidence criteria as laid out in Ala. Code 1975, § 25-5-81(e)(2), the court affirmed Lanier's account. While the employer's appeal about not being adequately informed of the injury was dismissed, an issue arose regarding the computation of Lanier's average weekly wage. The trial court's judgment of Lanier tripping was upheld, but the award of certain benefits was reversed due to errors and sent back for reassessment.

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