Norandal USA, Inc. v. Graben

Court of Civil Appeals of Alabama

County | 18 So. 3d 405 | Feb. 20, 2009


Permanent Total Disability Reversed: Trial Court Erred by Considering Unrelated Injuries

Norandal U.S.A., Inc., the employer in this case, appealed against a judgment awarding employee, Welton "Sonny" Graben, permanent-total-disability benefits under the Alabama Workers' Compensation Act due to a right-knee injury during the course of his employment.

The employer argued that the trial court erred in awarding nonscheduled benefits on account of the employee's lower-back and right-shoulder injuries from an unrelated fall in 2004. The employer also disputed the awarding of nonscheduled benefits for the employee's persisting pain.

The Alabama Court of Civil Appeals reversed the trial court's judgement as the court had erred in considering the unrelated 2004 injuries and did not make certain necessary factual findings relating to the right-knee injury.

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