A longtime worker for the city of Guntersville, Alabama, has been granted permanent disability after suffering two work-related injuries during his time with the city performing manual labor between 2001 and 2016, according to an appeals judgment.
Johnny Looney, now 68, retired in 2016 from his job as a ball collector, a job he first witnessed satisfied his physical limitations but was eventually no longer able to perform after two years due to prolonged back pain from two work-related accidents : In 2008 he fell out of a city car and in 2012 he was hit by a city car while the driver backed out of a store, according to documents in the City of Guntersville against Johnny Looney, which was filed in court by civil appeals of Alabama in Montgomery , Alabama.
After his retirement, he applied for workers' compensation-related permanent disability and testified that he wanted to continue working but that "the pain and discomfort became unbearable," the documents state.
A district court granted him permanent total disability. Following an appeal, the benefits were confirmed by the court writing that Looney 'testimony that the pain eventually became relentless and that he could not consistently perform the work required for the litter patrol position ̵
" No evidence was presented to suggest that when Looney could no longer physically carry out the hill patrol work, the city had a position available to a worker who was less physically intensive than hill patrol who could have escaped Looney's physical limitations, "the decision states. that "the city does not direct this court to any evidence which indicates that it had a vacancy which would have accommodated Looney & # 39 ;s declining health.