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Legal Opinion

Southern Lifestyle Homes v. O'Rear

Court of Civil Appeals of Alabama

Decided June 11, 1993No. 2910651PublishedCited by 10 opinions

1Opinion of the Court

Marion R. O'Rear filed suit for workmen's compensation benefits after sustaining an injury to his back while performing his job for Southern Lifestyle Homes (Southern). Following an ore tenus proceeding, the trial court found O'Rear to be permanently and totally disabled. The trial court then awarded O'Rear benefits as provided for by §25-5-57(a)(4)a., Code 1975. Southern appeals, contending that the trial court erred by finding O'Rear to be permanently and totally disabled.

We note that the test for total disability is the inability to perform one's trade or to obtain reasonably gainful…

2Cases cited4 opinions

  1. Ex Parte Eastwood Foods, Inc.Supreme Court of Alabama · 1991
  2. Genpak Corp. v. GibsonCourt of Civil Appeals of Alabama · 1988
  3. Den-Tal-Eze Mfg. Co. v. GosaCourt of Civil Appeals of Alabama · 1980
  4. Price's Bar-B-Que v. CarterCourt of Civil Appeals of Alabama · 1989

3Cited by10 opinions

  1. Ex Parte Alabama Power Co.Court of Civil Appeals of Alabama · 2003
  2. Werner Co. v. WilliamsCourt of Civil Appeals of Alabama · 2003
  3. Burden v. HuckabaCourt of Civil Appeals of Alabama · 1997
  4. Elite Transp. Services v. HumphreysCourt of Civil Appeals of Alabama · 1997
  5. Asplundh Tree Expert Co., Inc. v. LathamCourt of Civil Appeals of Alabama · 1995

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