Opinion
1961550.
November 14, 1997.
Petition for writ for certiorari to the Court of Civil Appeals (Bibb Circuit Court, CV-95-18; Court of Civil Appeals, 2951525); Jack W. Meigs, Judge.
Bennett L. Pugh and Sarah J. Carlisle of Carr, Allison, Pugh, Oliver Sisson, P.C., Birmingham, for petitioner.
No brief filed for respondent.
WRIT DENIED.
HOOPER, C.J., and ALMON, HOUSTON, KENNEDY, COOK, and BUTTS, JJ., concur.
MADDOX and SEE, JJ., dissent.
I dissent for the same reasons I dissented in Ex parte Northam, 689 So.2d 854 (Ala. 1996). I do not believe that the testimony of an employee that he or she is disabled is substantial evidence upon which a finding of disability can be made, if there is no medical evidence to support such a finding; therefore, I would issue the writ of certiorari.