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VINTAGE PHARMACEUTICALS, LLC v. HAYES

2060284.

70 So.3d 1203 (2007)

VINTAGE PHARMACEUTICALS, LLC v. Thomas HAYES.

Court of Civil Appeals of Alabama.

Rehearing Denied November 2, 2007.

Attorney(s) appearing for the Case

William L. Middleton of Eyster, Key, Tubb, Roth, Middleton, & Adams, LLP, Decatur, for appellant.

L. Thompson McMurtrie of Hess & McMurtrie, P.C., Huntsville, for appellee.

BRYAN, Judge.

Vintage Pharmaceuticals, LLC, appeals from a judgment of the trial court awarding permanent-total-disability benefits to Thomas Hayes. Because we conclude that the trial court erred in compensating Hayes for an injury to the body as a whole rather than for an injury to a scheduled member under § 25-5-57(a)(3), Ala.Code 1975, we reverse and remand.

Hayes worked for Vintage as a custodian. On July 13, 2005, Hayes sustained an open fracture...

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