City of Auburn v. Brown

Although I concur with the majority that the cause must be affirmed, it appears to me that this case, like Dunn v. DCHRegional Medical Center, 632 So.2d 485 (Ala.Civ.App. 1993), has the potential of being abused. The issue here is not whether an employer can dictate the course of an employee's treatment, but whether the trial court erred in allowing the employee to determine his own course of treatment.

Our review of workmen's compensation cases is a two-step process. The first step is to determine if there is any legal evidence to support the trial court's findings, and if such evidence…