United-Johnson Brothers of Alabama, LLC contested a 2020 ruling in favor of their long-time employee, Luther Billups. The core issue was determining the nature of Billups's back injury in February 2019: was it an aggravation of a previous injury sustained in October 2016 or merely a recurrence? Billups, who worked as a delivery-truck driver, had an initial injury in 2016 and received treatment and a settlement.
Despite persistent pain, he continued to work until he injured his back again in 2019. The employer posited that this was just a recurrence of the 2016 injury and thus the responsibility for compensation fell on third parties, ECM and ASIWCF. The trial court, however, decided the 2019 injury was an aggravation of the 2016 one, making the employer liable.
The employer appealed, but in reviewing the evidence and legal standards, and considering a missing transcript of Billups's testimony, the appellate court upheld the trial court's decision, affirming the employer's responsibility for the 2019 injury's benefits.
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