Carroll Const. Co., Inc. v. HutchesonCarroll Const. Co., Inc. v. Hutcheson
This is a workmen‘s compensation case. On January 20, 1976, plaintiff A.D. Hutcheson filed a claim for permanent total disability benefits arising from an injury occurring on October 28, 1974. Defendant Carroll answered with admissions that Hutcheson had been its employee at the time of the injury, that it had received notice of the injury, that it had paid medical expenses and substantial amounts of workmen‘s compensation benefits; but it denied liability for further compensation benefits and denied Hutcheson was totally and permanently disabled.
The case proceeded to trial before the court sitting without a jury. The court found Hutcheson, a 56-year-old man, had been injured in the line and scope of his employment, that Carroll had paid $75 per week as workmen‘s compensation for 48 weeks and also $5,095.01 as medical expenses, that Hutcheson had unpaid doctor bills of $30.60 and unpaid drug bills of $86.29 for which Carroll was liable, that Hutcheson was suffering from total and permanent disability and was entitled to further compensation at $75 per week for the 54 weeks since the last payment ($4,050) and an additional 448 weeks “unless compensation for the full 550 weeks exceeds the total amount allowed by statute at the time of plaintiff‘s injury.” On November 8, 1976, the court entered judgment in accordance with those findings. Its motion for new trial being denied, Carroll appealed.
The parties stipulated that Hutcheson‘s average weekly wages at the time of the accident were $280, that under the workmen‘s compensation laws of Alabama he would be entitled to the maximum benefit of $75 per week, and that Carroll‘s insurer had paid Hutcheson $75 for 48 weeks along with all medical bills received in connection with the accident ($5,095.01).
The evidence tended to show the following: Hutcheson was 56 years old and had been employed by Carroll as a carpenter for two months on work at a Gantt steam plant when injured on October 28, 1975. While helping others put in a cement pipe, Hutcheson was hit under the shoulder blades by a backhoe, knocked several feet
The orthopedist assessed his disability as 10% permanent partial to the neck as a result of the accident aggravating the existing arthritis, 10% permanent partial of the right knee, or 5% disability to the body as a whole. He admitted it would be difficult for Hutcheson to climb and squat with such a condition but did not take the type of employment into consideration in fixing the amount of disability. Another physician declined to state a percentage of disability but did feel Hutcheson could supervise or do some carpentry work but could not do any climbing. Several carpenters, construction workers and neighbors of Hutcheson testified that he was physically unable to do the work of a carpenter because of the need to kneel, stoop and climb in that occupation.
Appellant contends the trial court erred in requiring it to pay the unpaid medical and drug bills in the absence of proof that they were reasonable. The record reveals that these bills were never introduced into evidence. They were only mentioned by appellee‘s attorney when he sought to have the amount stipulated. Appellant denied liability and appellee‘s attorney then stated he was going to show what they were for, but he never did. Where there is no evidence that a medical charge is reasonable, there is no basis for awarding judgment on the charge because it is not a matter of common knowledge. MitchellMotor Co. v. Burrow, 37 Ala. App. 222, 66 So.2d 198 (1953);
Appellant also contends that Hutcheson failed to sustain the allegation that he was totally and permanently disabled. While the testimony of the two doctors would support appellant‘s position, the court heard conflicting evidence from various lay witnesses and from claimant to the effect that Hutcheson was totally and permanently disabled from performing as a
The medical testimony professedly did not take into consideration the definition of total disability as did the lay testimony. Total disability does not mean absolute helplessness or entire physical disability, but means inability to perform the work of one‘s trade or inability to obtain reasonably gainful employment. Brunson Milling Co. v. Grimes, 267 Ala. 395, 103 So.2d 315 (1958); B.F. Goodrich Co. v. Butler, 56 Ala. App. 635, 342 So.2d 776 (1975) cert. quashed 295 Ala. 401, 324 So.2d 788 (1976); Dale Motels, Inc. v. Crittenden, 50 Ala. App. 251, 278 So.2d 370 (1973). Total permanent disability under
Appellant‘s final contention is that the trial court misapplied the law to the facts by awarding benefits of 550 weeks which is in excess of the maximum permitted by statute.
AFFIRMED AS MODIFIED.
BRADLEY and HOLMES, JJ., concu