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Wal-Mart Stores Inc. v. Baker6/18/1999 herefore, in calculating his aggregate workers' compensation award.
In Ex parte St. Regis Corp., 535 So. 2d 160 (Ala. 1988), our supreme court discussed the calculation of a lump-sum award of an attorney fee. The court held that a lump-sum attorney fee in a workers' compensation case is limited to 15 percent of the aggregate award, reduced to its present value. Ex parte St. Regis Corp., supra. Wal-Mart correctly argues that the trial court erred in failing to reduce the attorney fee to its present value.
We remand this case for the trial court to recalculate the aggregate award of benefits and the attorney fee.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
Crawley, J., concurs.
Yates and Monroe, JJ., concur in the result.
Robertson, P.J., concurs in the result only.
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