Orkin Exterminating Co., Inc. v. Williams

This is a workmen's compensation case.

The employer, Orkin Exterminating Company, appeals from an order of the trial court awarding claimant Williams compensation based on a permanent partial loss of ability to earn.

The first issue presented by this appeal is whether the trial court erred in computing the employee's average weekly earnings. It is undisputed that Williams had been employed by Orkin for more than fifty-two weeks preceding his injury. Thus, the determination of his average weekly earnings is controlled by the first part of § 25-5-57 (b), Code of Alabama (1975) which reads in…