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Pike County Commission v. Green9/10/1999
REL:09/10/1999 EX PARTE PIKE COUNTY COMMISSION
This workers' compensation case concerns the extent of an employer's liability for an injury that occurred off the employer's premises.
Fred Green sued for workers' compensation benefits, based on a herniated disk that was discovered after he experienced abdominal pain while picking up his 12-pound baby at his home. Green and his employer, the Pike County Commission, submitted a joint motion asking the trial court to determine whether Green was entitled to workers' compensation benefits. The court determined that the herniated disk was a "recurrence" of Green's prior work-related back injuries and awarded Green workers' compensation benefits. The Court of Civil Appeals affirmed the trial court's judgment, holding that there was substantial evidence to support it. Pike County Comm'n v. Green, [Ms. 2970094, June 5, 1998] ___ So. 2d ___ (Ala. Civ. App. 1998). We granted the Pike County Commission's petition for certiorari review. Although the trial court and the Court of Civil Appeals incorrectly relied on the analytical framework provided by United States Fidelity & Guaranty Co. v. Stepp, 642 So. 2d 712 (Ala. Civ. App. 1994), we nonetheless affirm.
I.
In November 1996, Green sued the Pike County Commission for workers' compensation benefits. The parties filed a "Joint Motion to Determine Necessity of Medical Benefits," setting out stipulated facts and requesting that the trial court determine whether Green was entitled to medical benefits under the applicable workers' compensation laws.
The parties' stipulation of facts indicates the following: Green first complained of back pain in October 1991, after he stepped from a tractor at work. Dr. Todd Pearlstein treated Green with pain medication and prohibited him from doing any heavy lifting for a week. In May 1993, Green returned to Dr. Pearlstein's office, complaining of back pain that occurred after he slipped from a front-end loader. Dr. Pearlstein again treated Green with pain medication and prohibited heavy lifting for a week. In November 1994, Green again returned to Dr. Pearlstein's office, complaining of back pain that occurred after he pulled on a piece of pipe. Dr. Pearlstein released Green after discussing proper lifting techniques, stretching, and warm-ups. In May 1995, Green returned to Dr. Pearlstein, complaining of abdominal pain he had experienced after lifting blocks. In September 1995, Green returned to Dr. Pearlstein's office, complaining of back and abdominal pain that occurred after he lifted his 12-pound baby. A CAT scan revealed a herniated disk. Dr. Pearlstein prohibited Green from heavy lifting, frequent bending, and squatting. He also referred Green to Dr. Robert Bradley, a neurosurgeon.
Based on the stipulated facts and on Dr. Bradley's deposition testimony, the trial court held that there was substantial evidence to indicate that the September 1995 problem was a recurrence of a previous work-related injury , an injury that was exacerbated by Green's lifting the baby. Accordingly, the trial court awarded Green workers' compensation benefits. The Court of Civil Appeals affirmed.
II.
"` hen a trial court sits in judgment on facts that are undisputed, an appellate court will determine whether the trial court misapplied the law to those undisputed facts.'" Harris v. McKenzie, 703 So. 2d 309, 313 (Ala. 1997) (quoting Craig Constr. Co. v. Hendrix, 568 So. 2d 752, 756 (Ala. 1990). The trial court in this case applied the "last-injurious-exposure" rule to determine whether Green's herniated disk is a compensable injury. That rule is generally used only to determine which insurance carrier bears
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