 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
STEWART v. GOODYEAR TIRE AND RUBBER CO.6/21/1996
The plaintiff, James Donald Stewart, appeals from a judgment in a workers' compensation case. We reverse and remand.
Stewart had worked for the defendant, Goodyear Tire and Rubber Company, since 1967. In 1975, in an accident at work, he suffered burns to over 50% of his body. Approximately two years after the accident, he was allowed to return to work, but with several restrictions on his activities. Goodyear
gave Stewart jobs that accommodated his restrictions, and for the next several years he was able to perform his job duties without major difficulties. In late 1990, however, he developed a problem with his right elbow. Stewart also claimed that he suffered a back injury in 1991, but Goodyear disputed the back injury and said it had no record that Stewart had reported any work-related back injury other than occasional back strains.
Stewart sued Goodyear pursuant to Alabama's workmen's compensation statute. His complaint states that he "suffered an accident on or about June 1991 and August 1992" and that he "has been totally disabled since August 1992." After a hearing, the trial court entered a judgment in which it found Stewart to be permanently and totally disabled and computed the benefits to which he was entitled. The judgment incorporated certain stipulations entered into by the parties. The parties stipulated that Stewart first injured his elbow on October 16, 1990, and that he injured his back "in August of 1992." They also stipulated, however, that Stewart's "last day of employment with Goodyear . . . was in May of 1992 and that Retirement Medical Disability Benefits became effective in November of 1992 in the amount of $1,500 per month."
Both parties filed several post-judgment motions and responses. The only issue raised by these motions that is relevant to this appeal is Goodyear's contention that § 25-5-57(c), Ala. Code 1975 (1992 Repl.Vol.), entitles it to reduce the amount of workmen's compensation benefits it owes to Stewart by the amount of the medical retirement benefits it pays to Stewart. Stewart argued that the setoff provisions in § 25-5-57(c) were not yet in effect when he was injured, maintaining that he injured his back in April 1991. The April 1991 date conforms to Stewart's trial testimony. The trial court amended the judgment to apply the setoff provisions in § 25-5-57(c); the amendment resulted in Stewart's receiving no additional benefits other than his medical retirement. Stewart appealed.
The sole issue is whether the setoff provisions of § 25-5-57(c) apply in this case.
In 1992, the Alabama Legislature substantially revised the Alabama Workmen's Compensation Act ("the old Act"). See Ala. Acts 1992, Act No. 92-537. The Alabama legislature rewrote the provisions of § 25-5-57 and, in so doing, added the setoff provisions in what is now § 25-5-57(c). The amended Alabama Workers' Compensation Act ("the new Act") became effective May 19, 1992, although some provisions, including § 25-5-57, were not implemented until August 1, 1992. See Code commissioner's note, § 25-5-57, Ala. Code 1975 (1992 Repl.Vol.) (the new Act).
Stewart argues that the setoff provisions do not apply because all of his injuries occurred before the effective date of the new Act. He maintains that his back injury occurred in April 1991, but he offers no explanation for the discrepancy between the April 1991 date he now argues and the August 1992 date as stated in the judgment. Goodyear contends that the setoff provisions were in effect by August 1992, the date on which the trial court found that Stewart's injury occurred, and, therefore, that the new statute entitles it to the setoff.
A curious situation has dev
Page 1 2 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|