Alabama Power Co. v. Daniel

ON APPLICATION FOR REHEARING

THIGPEN, Judge.

This court’s judgment of November 8, 1991, is withdrawn and the following is substituted therefor.

This is a workmen’s compensation case.

The pertinent facts of this case, except for the current procedural posture, are paraphrased from the trial court’s findings of fact. On October 18, 1979, Willis Lee Daniel suffered an injury to his back while trying to lift an appliance in the fulfillment of his duties as an appliance repairman under the employ of Alabama Power Company. From 1970 until the date of the injury, Daniel was frequently absent from work…