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582 So. 2d 552

Kroger Company v. Daniel

Court of Civil Appeals of Alabama

Decided April 5, 1991

Court of Civil Appeals of Alabama · decided 1991-04-05

Cited by 1 later decisions — most recently July 1992

1 state decisions

Relies on 560 So. 2d 1083 - Marley Erectors, Inc. v. Rice

Good law ✅— No negative treatment on recordhow we know

Decided 1991-04-05

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ROBERTSON, Presiding Judge.

¶1After an ore tenus proceeding, the trial court found that the employee sustained an injury to her back arising out of and in the course of her employment with the employer. It found that the employee incurred a 51 percent permanent partial disability rating as a proximate result of her injury for which she is entitled to receive workmen’s compensation benefits.

¶2The employer appeals, contending, among other things, that the trial court erred in entering an award of compensation without making a finding as to the employee’s loss of ability to earn.

¶3When such a finding is absent from the judgment, there are no grounds for awarding compensation benefits. Marley Erectors, Inc. v. Rice, 560 So.2d 1083 (Ala.Civ.App.1990). Consequently, this court must reverse and remand this case for a determination of whether the employee suffered a loss of ability to earn as a result of her back injury.

¶4In view of the dispositive nature of this issue, we pretermit any discussion of the other issues raised by the employer on appeal.

¶5REVERSED AND REMANDED WITH DIRECTIONS.

THIGPEN and RUSSELL, JJ., concur.
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