Phillips v. Asplundh Tree Expert Co.

MOORE, Judge.

In this workers’ compensation case, Patricia Phillips (“the dependent”) appeals from a summary judgment entered by the Blount Circuit Court in favor of Asplundh Tree Expert Company (“the employer”). In its judgment, the trial court determined that the dependent had failed to adduce clear and convincing evidence that the death of John Dan Phillips (“the employee”) arose out of and in the course of his employment. We affirm.

The Facts

The material facts pertinent to this appeal show that the employee ordinarily worked for the employer in north Alabama as a foreman. In August 2004,…