Legal Opinion · Concurring in part, dissenting in part

Ridlespurge v. Kmart Corporation

Court of Civil Appeals of Alabama

Decided December 8, 2000No. 2990410Published

1Concurring in part, dissenting in partThompson, Judge

I agree that Ridlespurge did not establish that her back condition was related to her on-the-job injury and, therefore, that that condition is not compensable under the Workers’ Compensation Act.

I disagree with the main opinion’s holding as it relates to Ridlespurge’s fibro-myalgia. In its judgment, the trial court set forth explicit findings of fact. Those findings, as they pertain to Ridlespurge’s claim for benefits for fibromyalgia, read in pertinent part:

“At the time of her initial visit with Dr. Bell, [Ridlespurge] complained of pain and discomfort in her neck and shoulder. [Ridlespurge]…

2Cases cited3 opinions

  1. Genpak Corp. v. GibsonCourt of Civil Appeals of Alabama · 1988
  2. Ex Parte SmithSupreme Court of Alabama · 1995
  3. Tackett v. Elastic Corp. of AmericaCourt of Civil Appeals of Alabama · 1990

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