Court affirms finding that mental injuries were not caused by accident, but reverses judgment and ru

In Billingsley v City of Gadsden, the Alabama Court of Civil Appeals reviewed a Judgment entered by Judge William Rhea of Etowah County, Alabama. The employee was involved in a motor vehicle accident on August 11, 2008 where she suffered "injuries to her [r]ibs, back, legs, headaches, [and] shoulder," as well as suffering a "closed head injury" and from "post traumatic stress syndrome." The Trial Court found there was substantial evidence to the effect that the employee's claimed injuries to parts of the body other than her left shoulder and her mental disorders alleged to have stemmed from the automobile collision were not, in fact, caused by the collision. The Trial Court went on to find that only the left shoulder injury was compensable under the act and awarded benefits.

The Court of Civil Appeals affirmed that portion of the Trial Court's Judgment holding that only the left shoulder injury was related to the accident, but reversed that portion of the judgment awarded scheduled member injuries. The Court of Civil Appeals reiterated old law that "A shoulder injury, contrary to the employer's position, is not a scheduled injury under the Act. See Grace v. Standard Furniture Mfg. Co., 54 So. 3d 909, 913 (Ala. Civ. App. 2010). [Click HERE for a copy of the opinion]