Ex Parte Donald McINISH (In Re KGS Steel, Inc. v. Donald McInish)

Summary

The Supreme Court of Alabama held that appellate review of factual findings in a cumulative-physical-stress workers' compensation case remains governed by the statutory substantial-evidence standard, even when the trial-level burden is clear and convincing evidence; appellate courts may not reweigh the evidence. It also held that medical causation must be evaluated from the totality of the lay and expert evidence rather than solely from expert medical testimony. The court reversed the Court of Civil Appeals and remanded for further consideration. Justice Lyons, concurring in part and dissenting in part, would have remanded with instructions to affirm the trial court's judgment.