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Fort James Operating Co. v. Crump12/17/2004
parate accident. See Gulf States Steel, Inc., 742 So. 2d at 1268.
The trial court's judgment is also due to be reversed for a second reason. Because Crump experienced a separate November 5, 1998, "accident" and suffers from a separate "injury," or aggravation of a pre-existing injury , for purposes of the Workers' Compensation Act, she was required under ยง 25-5-78, Ala. Code 1975, to give notice to the employer of that accident and injury within 90 days or be barred from any recovery therefor under the Act. I find no substantial evidence in the record indicating that Crump provided any such notice, either oral or written, to Fort James within that 90-day period. Among other things, Crump did not within that 90-day period give any notice to Fort James that the surgery or other medical treatment she received within that 90-day period was necessitated by a work-related incident that occurred on November 5, 1998. Although Crump informed a security guard in a telephone conversation on November 7, 1998, that she had hurt her back, and, even assuming for the sake of discussion that that telephone conversation would otherwise suffice as the required notice to Fort James, Crump conceded when confronted with a transcript of that telephone conversation that she had not told the guard that her back was hurt at work.
Thompson, J., concurs.
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