DuBose Construction Co. v. Simmons

On Application for Rehearing

THOMPSON, Presiding Judge.

The opinion of August 16, 2013, is withdrawn, and the following is substituted therefor.

DuBose Construction Company, LLC (“DuBose”), appeals from a judgment in favor of James Simmons in this workers’ compensation action. This is the third time these parties have been before this court in this matter.

The record indicates the following relevant information. In 2005, Simmons was working as a foreman for DuBose when he fell and injured his right knee. He sued DuBose for workers’ compensation benefits for that injury. After a trial, the trial…