Other cases uphold the findings of the trial court if they are supported by "any evidence." Wheeler v. Lake Forest Property Owners' Association, Inc., 523 So.2d 1083 (Ala.Civ.App. 1988); American Tennis Courts, Inc. v. Hinton, 378 So.2d 235 (Ala.Civ.App. 1979) cert. denied, 378 So.2d 239 (Ala. 1979); Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104 (1964); and Dean v. Stockham Pipe Fittings Co., 220 Ala. 25, 123 So. 225 (1929). Another line of cases would not disturb the trial court's findings on appeal where there is "any substantial legal evidence" to support the findings of the trial court.
Weatherly v. Republic Steel Corp., 391 So.2d 662 (Ala.Civ.App. 1980). If there is any legal evidence, or reasonable inferences to be gleaned therefrom, to support the trial court's findings of fact, its judgment must be upheld. Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104 (1964). Abercrombie argues that in this case his actions in aiding a regular customer of the cafe were in the furtherance of his employer's business, i.e. promoting good customer relations.
1142 and 1146; Duncan v. Fidelity Casualty Co. of N.Y., 250 F. Supp. 907 (S.D.Tex. 1966); Barnes v. State Compensation Com'r., 16 W. Va. 9, 178 S.E. 70. The question of "unreasonableness" vel non of an employee's refusal to undergo surgery is a question of fact to be determined by the trial court as the trier of facts. Profitt v. DeAtley-Overman, Inc., 86 Idaho 207, 384 P.2d 473; Grant v. State Industrial Accident Commission, 102 Or. 26, 201 P. 438; Cuchi v. George C. Prendergast Sons, Mo. App., 72 S.W.2d 136. On certiorari in Workmen's Compensation cases, the appellate courts are only concerned with whether there is any legal evidence or reasonable inferences therefrom which support the trial court's findings. If there is this support the judgment of the trial court should be affirmed. Ala. Textile Products Corp. v. Grantham, 263 Ala. 179, 82 So.2d 204; Vulcan Materials Co. v. Belcher, 49 Ala. App. 61, 268 So.2d 843; Dale Motels, Inc. v. Crittenden, 49 Ala. App. 51, 268 So.2d 834; Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104. ON REHEARING
On certiorari to review judgments in Workmen's Compensation cases, the appellate court does not look to the weight of the evidence as to any fact found by the trial court, and will only determine if there is any evidence, or reasonable inference therefrom, to support the finding. Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104; Bell v. Driskill, 282 Ala. 640, 213 So.2d 806; Digest, Workmen's Compensation, 1939, 1940. If an employee sustains a compensable injury, subsequently returns to work, and later has another disability resulting from that injury, compensation benefits for the second disability will be referred to the original injury. Kroger Company v. Millsap, 280 Ala. 531, 196 So.2d 380; Garner v. T. R. Johnson Plumbing Co., 208 So.2d 18 (La.). In Workmen's Compensation proceedings, the burden of proof rests upon plaintiff to reasonably satisfy the trial court that he in fact suffered injuries claimed in his complaint.
These two pieces of evidence were the sole basis for the conclusion that the plaintiffs were not partially dependent upon the deceased son-brother. As stated in Thomas v. Gulf States Paper Corp., 276 Ala. 660, 166 So.2d 104: "The rule has long been settled that on certiorari to review judgments in compensation cases, this court does not look to the weight of the evidence as to facts found by the trier of fact, and will only determine if there is any evidence, or reasonable inference therefrom, to support the finding, and this rule applies whether the award or compensation is granted or denied.