MOBILE COUNTY v. MIZELL

No. 2011080.

878 So.2d 307 (2003)

MOBILE COUNTY v. Claude MIZELL.

Court of Civil Appeals of Alabama.

October 31, 2003.


Attorney(s) appearing for the Case

Mark J. Everest of Galloway, Smith, Wettermark & Everest, L.L.P., Mobile, for appellant.

Donald C. Patridge, Mobile, for appellee.


MURDOCK, Judge.

This is an appeal from a judgment entered by the Mobile Circuit Court in favor of the employee, Claude Mizell, in a workers' compensation case. The employer, Mobile County ("the County"), argues that it should not be liable for payments under Alabama's Workers' Compensation Act, § 25-5-1 et seq., Ala.Code 1975 ("the Act"), because, it argues, Mizell's injury is a preexisting physical ailment. However, the trial court found that Mizell was able...

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