An employee filed a complaint in 2016 against his employer under the Alabama Workers' Compensation Act, alleging injuries to both his left and right knees resulting from a work accident in 2015. The employer responded in October 2016. Following a bench trial in March 2018, the court ruled in favor of the employee, determining he had a 50% permanent partial impairment in both legs from the injuries sustained at work. The employer appealed the judgment in June 2018.
The employee, a driver for the employer's car-rental business, claimed an injury occurred in August 2015 when he slid out of a transport van, landing on his left heel and injuring his left knee. Subsequently, he suggested that, to protect his injured left knee, he overworked his right knee, leading to injury in that knee as well. The employee underwent medical treatment, including surgery on his left knee, pain medication, and injections in both knees.
The court's main concern was the burden of proof for the right-knee injury, specifically whether the injury was due to an accident or cumulative physical stress. The trial court determined the injury was accidental and applied the "substantial evidence" standard. However, the appellate court found this standard incorrect. Instead, they noted that the clear-and-convincing-evidence standard should have been applied to the right-knee injury claim since it was a consequence of overuse following the left-knee injury.
Because of the trial court's use of the incorrect evidentiary standard, the appellate court reversed the decision and remanded the case, directing the trial court to reassess using the correct clear-and-convincing-evidence standard.
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