City of Montgomery v. Johnson

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is the second appeal of this workmen’s compensation case.

The first appeal by the city resulted in the judgment of the trial court being reversed as to the extent of the employee’s injury. City of Montgomery v. Johnson, 403 So.2d 244 (Ala. Civ. App. 1981). We there held that the evidence was insufficient to rebut the presumption as stated in Goodyear Tire & Rubber Co. v. Downey, 266 Ala. 344, 96 So.2d 278 (1957). The Downey rule is that, while actual post-injury earnings are presumed to be commensurate with earning capacity, the presumption may be…