Gold Kist, Inc. v. Delores Diane Smith

Court of Civil Appeals of Alabama

Franklin County | No. 2110274 | Aug. 10, 2012

Alabama's Civil Court Of Appeals Reverses Permanent Total Disability Award

The case revolves around Delores Diane Smith who sought workers’ compensation from Gold Kist, Inc. for an injury she sustained at her workplace in 2004, asserting that she was permanently and completely disabled due to it. The Franklin Circuit Court sided with Smith, leading Gold Kist to appeal the decision. They argued that Smith’s claim did not qualify for the 'pain exception' and the award given was outside the compensation schedule.

Although the medical records indicated Smith suffered discomfort and pain due to the ankle injury, the Court of Civil Appeals of Alabama agreed with Gold Kist. It ruled that Smith had significant ability to perform physical activities, hence, was not completely disabled due to the ankle injury. As a result, their judgment reversed the trial court’s ruling and ordered further proceedings consistent with their opinion.

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