G. UB. MK. Constructors v. Davis

Court of Civil Appeals of Alabama

Colbert County | 78 So. 3d 998 | Aug. 19, 2011

Court Reverses Permanent Total Disability Award Resulting from Hand Injury

The case dealt with an appeal made by G. UB. MK. Constructors against a judgment by the Colbert Circuit Court, which ruled that the employee, Howard Lee Davis, was virtually totally disabled due to work-related injury to his left hand. The court awarded Davis permanent-total-disability benefits as per Alabama's Workers' Compensation Act.

The Court of Civil Appeals of Alabama reversed the trial court's decision on appeal. This reversal was based on a finding that Davis failed to present substantial evidence indicating that the impact of his left-hand injury extended to other parts of his body and interfered with their efficiency.

The court noted that for Davis's hand pain to be considered totally or virtually totally debilitating to the whole body, it must almost completely prevent him from using his uninjured body parts. The court concluded that the trial court erred in awarding Davis the permanent-total-disability benefits as the evidence did not support this. 

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