Newton Lumber Co., Inc. v. Owens

I respectfully dissent. No reasonable view of the evidence supports the trial court’s judgment that Owens met his burden of proof under Ala.Code 1975, § 25-5-57(a)(6)a. That statute requires:

“For hernia resulting from injury by an accident arising out of and in the course of the employee’s employment, it must be definitely proven to the satisfaction of the court all of the following:

“1. That there was injury resulting in hernia.

“2. That the hernia appeared suddenly.

“3. That it was accompanied by pain.

“4. That the hernia immediately followed an accident.

“5. That the hernia did not exist prior…