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Rel: 03/16/2007 CHADWICK TIMBER CO. v. PHILON

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2006-2007

_________________________ 2050697 _________________________ Chadwick Timber Company v. Charles Philon Appeal from Choctaw Circuit Court (CV-02-78) THOMPSON, Presiding Judge. In April 2002, Charles Philon sued his employer, Chadwick Timber Company ("Chadwick Timber"), seeking workers'

compensation benefits.

In his complaint, Philon alleged that

on March 8, 2001, he was involved in an on-the-job accident

2050697 that caused him to suffer injuries to his left leg. In his

complaint, Philon also alleged that "[s]ubsequent to said injury ... [he] now suffers a permanent total disability of his person." Chadwick Timber answered and denied liability.

The trial court scheduled a trial of the matter for May 15, 2003, but that trial date was postponed and rescheduled several times. The trial court conducted a hearing and

received ore tenus evidence on September 15, 2005.

On April

13, 2006, the trial court entered a judgment finding Philon to be permanently and totally disabled and awarding benefits accordingly. Chadwick Timber timely appealed.

When this court reviews a trial court's judgment in a workers' compensation case, that judgment will not be reversed if it is based on factual findings that are supported by substantial evidence.

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