Smith v. Capps

In our review of this workmen's compensation case, we cannot disturb a finding of fact by the trial court but must accept such findings as conclusive if any legal evidence is supportive thereof. Agan v. Union Foundry Co., 404 So.2d 71 (Ala.Civ.App. 1981); Big "B" Discount Drugs, Inc. v. Parker, 401 So.2d 115 (Ala.Civ.App. 1981).

Evidence was presented that Capps was Smith's individual farm employee, and that Capps and his half-brother, Sorrells, were joint sub-contractors in cutting pulpwood for Smith's pulpwood corporation. For cutting and hauling the pulpwood, they were paid by the cord. As…