 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dolgencorp9/16/2005
ompensation "for the rest of his life" rather than during the period of his permanent total disability. In Bostrom Seating, Inc. v. Adderhold, 852 So. 2d 784, 796 (Ala. Civ. App. 2002), this court, relying on Thompson & Co. Contractors v. Cole, supra, reversed a trial court's judgment insofar as it awarded the employee permanent- total-disability benefits "'for the remainder of [the employee's] life.'" Bostrom Seating, Inc. v. Adderhold, 852 So. 2d at 796. In so holding, we explained:
"'Section 25-5-57(a)(4)a provides that compensation for a permanent and total disability is to be paid "during such permanent total disability."
"'As clearly provided by the Code section, the period of compensation for permanent total disability lasts only so long as the disability continues. Should the disability cease to be other than total at some future time, the compensation for permanent total disability could be terminated. ยง 25-5-57(a)(4)b, Code of Alabama 1975. Thus, the trial court's award is an incorrect application of the statute.'"
Id. (quoting Thompson & Co. Contractors v. Cole, 391 So. 2d at 1046). See also BE&K Constr. Co. v. Reeves, 898 So. 2d 738, 752 (Ala. Civ. App. 2004) (reversing trial court's award of permanent-disability benefits to the worker "for the 'rest of his life'"). Therefore, the judgment of the trial court, insofar as it awards Hudson permanent- total-disability benefits for the rest of his life, is due to be reversed. The case is remanded for the trial court to enter a judgment consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Crawley, P.J., and Pittman, Murdock, and Bryan, JJ., concur.
|