Merico, Inc. v. Sparks

After several ore tenus proceedings, the trial court found that the employee was permanently and totally disabled and was entitled to corresponding workmen's compensation benefits. Further, the trial court awarded the employee $6,153.05 for unpaid or unreimbursed medical expenses incurred as a result of his work-related injury. The employee's counsel was also awarded a fifteen percent attorney's fee. From this final order the employer appeals.

First, the employer contends that the trial court erred by entering a judgment without applying § 25-5-58, Code 1975. That Code section is as follows:

"If…