Davis v. Fabarc Steel Supply, Inc.

This is a workmen's compensation case.

This is the second time this case has been before this court. For a detailed statement of the facts, which remain unchanged, see Fabarc Steel Supply, Inc. v. Davis, 422 So.2d 797 (Ala.Civ.App. 1982). In that decision, we affirmed the trial court's decision to grant the plaintiff's Rule 60 (b), A.R.Civ.P. motion to set aside a consent judgment. Fabarc,supra. Our primary concern, as well as the trial court's, was that the plaintiff should have a chance to determine by a trial on the merits whether his alleged totally disabling shoulder pain was related to…