Tombrello Coal Co. v. Fortenberry
In Tombrello Coal Co. v. Fortenberry, 248 Ala. 640, 29 So. 2d 125 (1947) the trial court's order provided:
"Should plaintiff's disability be determined in the future by the court or the parties to be less than total disability, then said compensation shall be decreased in proportion to said decrease of disability; [and] plaintiff shall submit to examination by defendant's doctor at any reasonable time and place requested ...." 248 Ala. at 641, 29 So. 2d at 126.
Speaking to the effect of this order, the Court stated:
"By the original judgment the court not only awarded compensation which had accrued to the date of its rendition, but, also, awarded the plaintiff further compensation at the same rate and for the period permitted by the compensation law so long as his total disability continued. Under our decisions the provision as to the matter of continuance of the disability and the reopening of the hearings upon that question was unauthorized by our statute." 248 Ala. at 642, 29 So. 2d at 127 .