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IVIE v. WINFIELD CARRAWAY HOSP.6/14/1996
This is a workmen's compensation case.
In April 1991, Kerry C. Ivie filed a complaint seeking workmen's compensation benefits from Winfield-Carraway Hospital (Carraway), by alleging that she was injured in March 1988, during the course of her employment, and that as a result, she was permanently and totally disabled. Following ore tenus proceedings, the trial court found that Ivie was not disabled, and it entered a judgment in favor of Carraway. Ivie appeals.
Our review in this case is limited to determining whether there is any legal evidence to support the trial court's findings, and, if so, whether any reasonable view of that evidence supports the trial court's judgment. Ex parte Eastwood Foods, Inc., 575 So.2d 91 (Ala. 1991). 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).
In its lengthy and detailed order, the trial court made the following pertinent findings of fact:
"Mrs. Ivie claimed that she injured her lower back when she was attempting to move a patient on March 28, 1988. She claimed further that her back injury had caused her to develop a condition or syndrome known as fibromyalgia, which the Court understands to involve total body pain. She claimed to be totally and permanently disabled as a result of her fibromyalgia.
". . . .
"At the trial of this case, Mrs. Ivie testified that she suffers from constant pain. She described her physical limitations in some detail, testifying that she has constant pain which limits her ability to function. She said that her pain is so severe that she cannot stand to be touched, that she has episodes of severe pain in her hips and shoulders, chest and back, that she cannot lift or even sit for long periods of time. She said that on a scale of one to ten, at best her pain is a five, and at worse it is a ten. Having heard and observed her as a witness and for the reasons hereafter set forth, the Court did not believe Mrs. Ivie's testimony concerning her limitations and complaints of pain.
"[Carraway] presented the testimony of Terry Holder, who testified that he had had Mrs. Ivie under surveillance for nearly a month since her claimed injury and just prior to trial. Mr. Holder testified that the films he presented to the Court were excerpts from several consecutive days of surveillance of Mrs. Ivie. The Court understands that all of the surveillance tapes were made available to [Ivie] and her counsel prior to trial, and no objection was made by [Ivie] that the tape offered into evidence was not comprised of excerpts from the many surveillance films. [Carraway] offered the surveillance film and it was admitted into evidence over [Ivie]'s objection. Mrs. Ivie admitted that the person in the film was her.
"The film clearly demonstrated that Mrs. Ivie could in fact do the very things that she testified that she could not do. . . . The film specifically belied Mrs. Ivie's claim that she is in constant pain.
"Mrs. Ivie called Dr. Timothy Jordan, an emergency room physician who has over the course of years since Mrs. Ivie's incident had occasion to see her numerous times in the Emergency Department of [Carraway]. . . . Dr. Jordan opined that . . . Mrs. Ivie was 100% disabled due to her fibromyalgia, and that her fibromyalgia had been caused by the March 28, 1988 incident. His opinion was based solely on Mrs. Ivie's complaints to him of pain. He had not seen the videotape.
"The Court has also considered the deposition tes
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