Alabama Power Co. v. Wagnon

ROBERTSON, Presiding Judge.

Alan R. Wagnon filed suit for workmen’s compensation benefits after sustaining a leg injury while performing his job for Alabama Power Company. Following an ore tenus proceeding, the trial court found that Wag-non was permanently and partially disabled as a result of his injury and that he had suffered a 19% loss of ability to earn. The trial court then awarded Wagnon benefits pursuant to § 25 — 5—57(a)(3)g., Code 1975. Alabama Power appeals.

The dispositive issue on appeal is whether the trial court erred in determining that Wagnon had suffered a 19% loss of ability…