Alabama Workers' Comp Blawg

  • 30
  • Aug
  • 2009

TRIAL COURT REVERSED WHERE FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE NOT MADE CONCERNING ALL ISSUES

Fort James Holding Company, Inc., d/b/a Georgia Pacific v. Cheryl D. Morgan:

On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court. After a trial regarding workers’ compensation benefits, the judge entered an Order in favor of the employee for permanent and total benefits. The judgment contained detailed findings of fact and conclusions of law, however, the judge did not specifically address the issue of payment responsibility for past medical treatment from unauthorized physicians.

On review, the Court of Civil Appeals determined that the trial court’s Order did not comply with Alabama Code 1975, § 25-5-88 because it did not contain findings of fact or conclusions of law regarding all issues presented at trial. The Court found that, among other issues, the trial court was presented with the issue of which party should be responsible for medical expenses incurred by the employee for treatment obtained from unauthorized physicians. The Court further determined that the trial court failed to address that issue. As such, the Court reversed and remanded the case back to the trial court with instructions that the judge consider the facts and enter an Order that addresses the unauthorized medical treatment issue.

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