Blue Bell, Inc. v. Nichols
Alabama Court of Civil Appeals
479 So. 2d 1264 (1985)
- Written by Whitney Punzone, JD
Facts
Leland Nichols (plaintiff) was an employee of Blue Bell, Inc. (defendant). Several years prior to 1983, Nichols had been injured while working for Blue Bell but did not file a workers’-compensation claim. On September 9, 1983, while picking up a roll of cloth, Nichols suffered a back injury. At the time, Nichols did not have a physical condition that prevented him from performing his work. Nichols filed for workers’ compensation. At a deposition, Dr. Hatchett testified that the back injury aggravated Nichols’ preexisting disc disease, and as a result, Nichols had a 20 percent permanent partial-impairment rating that was not related to his work. Nichols testified that he took prescribed pain medication daily, experienced pain, had difficulty sleeping, and had very limited physical activities. Nichols testified that he lacked education and training and could only obtain manual labor jobs in the past. The trial court found Nichols totally and permanently disabled and awarded benefits to Nichols. Blue Bell appealed.
Rule of Law
Issue
Holding and Reasoning (Scruggs, J.)
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