Smith v. O'Neal Steel, Inc.

Josephus Smith (employee) filed a complaint against O'Neal Steel, Inc. (employer), seeking workmen's compensation benefits for an injury sustained on the job. Following an ore tenus proceeding, the employee was found to be permanently and partially disabled. The trial court assessed the employee's loss in earning capacity at 75 percent. The employee brings this appeal.

On appeal, the employee initially contends that the trial court erred in denying his claim of total permanent disability and in awarding benefits based on a finding of permanent partial disability.

We note at the outset that our…