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ASPLUNDH TREE EXPERT CO., INC. v. LATHAM

AV93000585.

656 So.2d 839 (1995)

ASPLUNDH TREE EXPERT COMPANY, INC. v. David Dwight LATHAM.

Court of Civil Appeals of Alabama.

Rehearing Denied March 10, 1995.

Attorney(s) appearing for the Case

David S. Hassinger and Tessa M. Thrasher of Porter, Porter & Hassinger, P.C., Birmingham, for appellant.

Michael S. Burroughs and Sandra C. Guin of Phelps, Jenkins, Gibson & Fowler, Tuscaloosa, for appellee.

YATES, Judge.

David Latham sued Asplundh Tree Expert Company, Inc., to recover workmen's compensation benefits for an injury to his right shoulder that occurred on January 4, 1991.1 After an ore tenus proceeding, the trial court found Latham to be permanently and totally disabled, and it awarded benefits accordingly. Asplundh appeals, contending (1) that the evidence does not support a finding of permanent and total disability and (2)...

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