Legal Opinion

Fuqua v. City of Fairhope

Court of Civil Appeals of Alabama

Decided July 23, 1993No. AV92000241PublishedCited by 13 opinions

1Opinion of the Court

Lloyd Fuqua filed a complaint for workmen's compensation benefits in the Circuit Court of Baldwin County against the City of Fairhope, alleging that he was owed benefits for a work-related injury. Following an oral proceeding, the trial court found that Fuqua incurred a 43% permanent partial disability as a result of his injury. Fuqua appeals.

Fuqua asserts that the trial court erred in refusing to find him totally and permanently disabled to earn a living.

The test for total and permanent disability is the inability to perform one's trade and the inability to find gainful employment. Mead…

2Cases cited3 opinions

  1. Ex Parte Eastwood Foods, Inc.Supreme Court of Alabama · 1991
  2. Genpak Corp. v. GibsonCourt of Civil Appeals of Alabama · 1988
  3. Mead Paper Co. v. BrizendineCourt of Civil Appeals of Alabama · 1990

3Cited by13 opinions

  1. Werner Co. v. WilliamsCourt of Civil Appeals of Alabama · 2003
  2. Ellenburg v. Jim Walter Resources, Inc.Court of Civil Appeals of Alabama · 1996
  3. Alabama Catfish, Inc. v. JamesCourt of Civil Appeals of Alabama · 1995
  4. Southerncare, Inc. v. CowartCourt of Civil Appeals of Alabama · 2013
  5. Caseco, LLC v. DingmanCourt of Civil Appeals of Alabama · 2010

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