Mercy Logging, LLC v. Odom

I concur in denying certiorari review in this workers’ compensation case. I do so because I find there to be no probability of merit, see Rule 39(f), Ala. R.App. P., in the petition of the employee, Johnnie L. Odom. According to a majority of the judges on the Court of Civil Appeals, Odom’s claim did not arise “out of’ or “in the course of’ his employment, as required by § 25-5-51, Ala Code 1975. See Mercy Logging, LLC v. Odom, 104 So.3d 908, 918 (Ala.Civ.App.2012). I write separately to explain that the reason I see no probability of merit in this petition is not the same as the reasons a…