Occidental Fire and Casualty Co. vs. Moore
COA Not Pub. 9/6/2013
Future Medical Expenses. Impaired earning capacity.
Physician testified to $5,000 in future medicals, and his medical records identified the need for two MRI’s. Plaintiff claimed both as items of future medicals, the trial court admitted the evidence, and the COA found no error.
“Evidence of future medical expenses must be ‘positive and satisfactory.’ ” Ellison v. Kentucky Farm Bureau Mut. Ins. Co., 2010 WL 2696289, 5 (Ky. App. 2010), quoting Howard v. Barr, 114 F.Supp. 48, 50 (W.D. Ky. 1953).4 Here, we have the medical records of Dr. Wheeler which ordered two MRI’s and physical therapy. Specific orders for these future medical expenses are “positive and satisfactory” evidence. In addition, Occidental did not introduce evidence demonstrating they were not medically necessary. We find no error. Note that the plaintiff did not follow through with those orders because he could not afford the cost, hence why it was presented as future medical expenses.