Asplundh Tree Expert Co., Inc. v. Latham

David Latham sued Asplundh Tree Expert Company, Inc., to recover workmen's compensation benefits for an injury to his right shoulder that occurred on January 4, 1991.1 After an ore tenus proceeding, the trial court found Latham to be permanently and totally disabled, and it awarded benefits accordingly. Asplundh appeals, contending (1) that the evidence does not support a finding of permanent and total disability and (2) that the trial court erred in finding Latham to be permanently and totally disabled although, Asplundh alleges, Latham refused vocational rehabilitation.

We note that the test…