# International Paper Co. v. Melton

> Court of Civil Appeals of Alabama · June 27, 2003 · 866 So. 2d 1158

URL: https://www.frixlaw.com/law-library/cases/9933589

## Case

- **Full name:** International Paper Company v. Raymond Melton.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** June 27, 2003
- **Citations:** 866 So. 2d 1158; 2003 Ala. Civ. App. LEXIS 436; 2003 WL 21488717
- **Precedential status:** Published
- **Opinion:** Dissent by Pittman
- **Judges:** Crawley, Murdock, Pittman
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9933589

## Opinion text

I respectfully dissent. The standard of proof in workers' compensation cases "involving injuries which have resulted from gradual deterioration or cumulative physical stress disorders," such as carpal tunnel syndrome, is that such injuries "shall be deemed compensable only upon a finding of clear and convincing proof that those injuries arose out of and in the course of the employee's employment." Ala. Code 1975, § 25-5-81 (c) (emphasis added). Viewed in a light most favorable to Melton, the expert medical evidence supports only the proposition that his work as a forklift operator could have caused or could have aggravated his carpal tunnel syndrome or that that work probably was a contributing factor. In my view, such speculative evidence does not satisfy § 25-5-81 (c). See United Defense, L.P. v. Willingham , 829 So.2d 771
(Ala.Civ.App. 2002).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933589. Public record. Not legal advice.