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CHAMPION INTERN. CORP. v. WILLIAMS5/17/1996
This appeal by Champion International Corporation (the "company") is from a trial court's judgment awarding Russell K. Williams (the "worker") permanent total disability benefits.
The worker began working for the company in 1983. In 1988 the worker injured his back while he was working on the job , when he was knocked down a stairwell. In 1988 and 1990 the worker required back surgery as a result of this injury. The worker settled his 1988 workmen's compensation injury, based upon a 40% permanent partial disability. After the settlement, the worker returned to full-time work with the company and continued until he suffered another back injury on December 11, 1991, while lifting a piece of equipment that caused him to twist his body. He was hospitalized, and the injury required surgery to his back in February 1992.
After an ore tenus hearing, the trial court awarded permanent total disability benefits to the worker . Our review in a workmen's compensation case is a two-step process. Ex parte Eastwood Foods, Inc., 575 So.2d 91 (Ala. 1991). First, we must "look to see if there is any legal evidence to support the trial court's findings." Eastwood Foods, 575 So.2d at 93. Second, if such evidence is found, then we must determine "whether any reasonable view of that evidence supports the trial court's judgment." Id. Further, " here one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome."
Ex parte Veazey, 637 So.2d 1348, 1349 (Ala. 1993). This standard of review does not apply to the trial court's conclusion of law. Ex parte Cash, 624 So.2d 576 (Ala. 1993).
The issues presented are (1) whether the worker suffered an accident pursuant to the Act in December 1991, (2) whether the company received notice of the accident, and (3) whether the award of permanent total disability must be reduced by the amount of the previous award in 1988 of permanent partial disability.
Proof of Accident
According to the worker 's neurosurgeon, Dr. England, the repetitive twisting, lifting, and bending required by the worker's employment prior to and up to December 11, 1991, was a contributing cause of the worker's disc herniation. The worker's family practice physician, Dr. Allen, testified that the worker's condition had deteriorated during December and stated that the accident the worker testified to as occurring on December 11, 1991, could have caused the herniated disc. The worker's wife testified that her husband called her to pick him up early on December 11, 1991, because of a back injury he suffered that day, and she called both of the worker's physicians and discussed the date of the accident as being December 11, 1991. The worker's evidence is "one reasonable view of the evidence," although a "better reasoned view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala. 1993).
Notice
The company contends that the worker failed to give notice pursuant to ยง 25-5-78, Ala. Code 1975. Although this section requires written notice, this court has repeatedly stated that written notice is not required if the company had actual notice of an injury. Ex parte Harris, 590 So.2d 285 (Ala. 1991).
The worker testified that on the day of the injury he reported the injury to his foreman, to the company's medical department, and to the company's workmen's compensation administrator. The worker's doctor contacted the company on February 17, 1992, regarding the worker's need for surgery. The doctor's records state that: "Based on addendum D/CS of
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