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W.A. KENDALL & CO., INC. v. MADISON EX REL. MADISON

2080806.

54 So.3d 435 (2010)

W.A. KENDALL & COMPANY, INC. v. Ryan MADISON, a minor, by and through his paternal grandmother and next friend, Linda Locke MADISON.

Court of Civil Appeals of Alabama.

July 23, 2010.

Attorney(s) appearing for the Case

Anthony N. Fox and Robert M. Ronnlund of Scott, Sullivan, Streetman & Fox, P.C., Birmingham, for appellant.

Bernard D. Nomberg and David P. Nomberg of The Cochran Firm, Birmingham, for appellee.

BRYAN, Judge.

W.A. Kendall & Company, Inc. ("W.A. Kendall"), appeals from a judgment awarding Benjamin Dean Madison workers' compensation benefits.1 We reverse and remand.

In its judgment, the trial court made extensive findings of fact, some of which we now recite:

"[W.A. Kendall hired Madison] as a bucket operator and tree climber. "... [Madison's] job duties with [W.A. Kendall] required him to climb, cut...

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