Grace v. Standard Furniture Manufacturing Co.

The main opinion, without invitation from either party, overrules controlling precedent relative to the interpretation and application of § 25-5-57(a)(3)i., Ala. Code 1975 (“the return-to-work statute”). Because I conclude that overruling that precedent is not necessary to a proper disposition of the appeal, I concur only in the result as to that issue.

As the main opinion notes, Joseph Grace argues that the return-to-work statute ere-*918ates a presumption that an employee who returns to work at a wage equal to or greater than his or her pre-injury wage has not suffered a loss of earning…