AWARDS OUTSIDE THE DRUMMOND SCHEDULE - G.UB.MK CONSTRUCTORS V. HOWARD LEE DAVIS
In G.UB.MK Constructors v. Howard Lee Davis, [Ms. 2080547, March 19, 2010] __ So. 3d. __ (Ala. 2010), Davis sustained a work-related avulsion injury to his left hand. He was assigned a 3% whole person impairment by his treating physician and the trial court awarded damages on this basis rather than as a scheduled injury. The employer appealed, arguing that the employee did not present any expert medical testimony linking the hand injury to his neck, back, and shoulder symptoms. In reversing and remanding the case, the Alabama Court of Civil Appeals noted that Drummond specifically rejected evidence of a worker's vocational disability as sufficient to deviate from the schedule.