Powell v. City of Birmingham

YATES, Judge.

This is the second time this case has been before this court. See Powell v. City of Birmingham, 628 So.2d 899 (Ala.Civ.App.1993). Powell, who was injured while performing his duties as a firefighter, applied to the City of Birmingham Retirement and Relief System for extraordinary disability benefits, pursuant to 1973 Ala.Acts, Act No. 1272 (Reg. Session). The Board denied his application, and he appealed to the circuit court. The circuit court sustained the Board’s denial, and Powell appealed to this court. On October 15, 1993, this court, holding that the circuit court should…