In
Ex parte Cowabunga, Inc., d/b/a Domino's Pizza, [Ms. 2090734, Jan. 21, 2011] __ So. 3d __(Ala. Civ. App. 2011), the Court
of Civil Appeals directed a circuit court that had adjudicated controversies
concerning the compensability of an employee's injury and the employee's
right to have the employer pay for medical treatment recommended by his
authorized treating physician to include conclusive findings as to every
fact responsive to the issues presented to and litigated by the parties,
and a recitation of the law applicable to those facts upon which the trial
court relied in reaching its determination. Despite the conflict with
language in
SCI Alabama Funeral Servs., Inc. v. Hester, 984 So. 2d 1207, 1211 (Ala. Civ. App. 2007) (per curiam opinion with
one judge concurring and four judges concurring in the result), the Court
of Civil Appeals held in
Ex parte Cowabunga that ¤ 25-5-88, Ala. Code 1975, requires circuit courts to make
findings of fact and conclusions of law as to every determination of a
controversy regarding the right to benefits under the Workers' Compensation
Act, even if those determinations would not otherwise qualify as a "final
judgment" that would support an appeal. See
Williams Power, Inc. v. Johnson, 880 So. 2d 459, 461 (Ala. Civ. App. 2003) (holding that a "final
judgment" is a "terminal decision which demonstrates that there
has been a completed adjudication of all matters in controversy between
the litigants" and "the judgment must be conclusive and certain
with all matters decided...)."
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