Ridlespurge v. Kmart Corporation
Court of Civil Appeals of Alabama
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
- Genpak Corp. v. GibsonCourt of Civil Appeals of Alabama · 1988
- Ex Parte SmithSupreme Court of Alabama · 1995
- Tackett v. Elastic Corp. of AmericaCourt of Civil Appeals of Alabama · 1990