Metals USA Plates & Shapes Southeast, Inc. v. Conner

On Application for Rehearing

THOMAS, Judge.

This court’s opinion of April 29, 2011, is withdrawn, and the following is substituted therefor.

Metals USA Plates and Shapes Southeast, Inc. (“the employer”), appeals from a judgment of the Mobile Circuit Court, in which the trial court determined that Albert Conner was permanently and totally disabled as the result of a workplace accident. We reverse and remand, based on the trial court’s failure to comply with § 25-5-88, Ala.Code 1975.

On September 14, 2005, Conner was injured in a workplace accident while acting in the course and scope of his duties…