Weaver v. Shook & Fletcher Insulation Co.

I must respectfully dissent from the majority’s opinion. This court has long held that a finding of loss of ability to earn is a prerequisite to an award of permanent partial disability benefits. Gibson v. Southern Stone Co., 500 So.2d 32 (Ala.Civ.App.1986); Littleton v. Gold Kist, Inc., 480 So.2d 1236 (Ala.Civ.App.1985). Here, however, a finding of loss of ability to earn was specifically made by the circuit court, and I do not find that the authority cited by the majority to require that the circuit court specify the percentage of that loss in its findings of fact.

Rather, those cases stand…