McAbee Construction, Inc. v. Elvin L. Allday, Jr.

Court of Civil Appeals of Alabama

Choctaw County | 135 So. 3d 968 | April 19, 2013

Work-Related Injuries Lead to Permanent-Total-Disability Benefits

In McAbee Construction, Inc. v. Elvin L. Allday, Jr., Allday, who had been employed as a boilermaker since 1986, was injured on the job in 2006 while working for McAbee Construction. After working for McAbee for only five days, he was injured during the installation of a piece of equipment weighing between 800 and 1,000 pounds.

His job required heavy lifting and hard labor, and he experienced pain in his neck, shoulders, and back due to the incident. Allday’s medical records showed that he had sustained several work-related injuries throughout his career, including a low-back injury in 1999 and injuries to his shoulders in 1992 and 1998.

During the trial, Allday complained of severe low-back pain radiating into his buttocks and both legs, with doctors suggesting that the back pain had been caused or exacerbated by the work-related accident. He was awarded permanent-total-disability benefits.

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