Patrick v. FEMCO Southeast, Inc.

After an ore tenus proceeding, the trial court found that the employee had suffered a five percent loss of use of a scheduled member, his leg, as a result of a knee injury. The employee appeals.

The dispositive issue on appeal is whether the trial court erred in finding that the knee injury resulted in only a five percent loss of use to the leg. See Ala. Code 1975, §25-5-57(a)(3)d.

The record, in pertinent part, reveals the following: The employee received an injury to his knee while in the line and scope of his employment. This injury required the employee to undergo knee surgery, physical…