Gore v. Lafarge North America, Inc.

Court of Civil Appeals of Alabama

Shelby County | 159 So. 3d 743 | July 19, 2013

Preexisting Condition Prevents Recovery of Permanent Total Disability Award

Albert Dean Gore, a heavy-equipment operator, sued his employer Lafarge North America on grounds of a work-related injury which he claimed led to permanent partial disability. Prior to the incident on February 12, 2008, where Gore was hit by rocks while operating a bulldozer, Gore had a history of back and neck pains and was on narcotic pain medication.

Despite medical reports confirming that Gore had a permanent-partial-impairment rating of 20%, it was also revealed that Gore's neck problems could possibly predate the accident. The court found Gore's testimony impeached due to inconsistencies in his statements, and it was concluded that Gore had a preexisting condition which frequently prevented him from working normally.

The court ruled that Gore had suffered a 10% permanent partial disability as a result of the accident, a finding which Lafarge did not challenge. Furthermore, the court instructed that the case be remanded for determination of any loss of ability to earn as a result of Gore's injury.

Additional Reading

Other Decisions Regarding Similar Topics:

  • Phone: (205) 335-4190
  • Fax: (205) 278-5875
  • Email: thompsonfirm.al.law@gmail.com