Deaton, Inc. v. Wall

The employer argues in its brief that the trial court had no basis for awarding com*486pensation because the court, in its final order, made no finding of the employee’s loss of ability to earn. However, I would point out here that the requirement that the trial court make an express finding regarding the loss of ability to earn obtains only in cases of nonscheduled permanent partial disability. See, e.g., Cook v. Munn, 521 So.2d 1341 (Ala.Civ.App.1988). This is so because permanent partial disabilities are compensable according to the employee’s loss of earning ability. Pursuant to Ala.Code…