Lanthrip v. Wal-Mart Stores, Inc.

This case presents a question of statutory construction as to which our Legislature has provided little guidance: whether an injured employee’s return to work in the same employment in which she was injured, when her postinjury wages from that employment are equal to or greater than the preinjury wages she earned from that employment, triggers the provisions of § 25 — 5—57(a)(3)i., Ala.Code 1975, even if the employee’s total postinjury wages are less than her total preinjury wages because she is unable to return to work for all of the employers for which she worked at the time of her injury.…