Damages. Impairment (Occidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013)

Occidental Fire and Casualty Co. vs. Moore
COA Not Pub. 9/6/2013
Impaired earning capacity.

With regard to permanent impairment, the COA noted that Dr. Heilig testified that Moore suffered a permanent impairment due to the injuries he received in the accident. Dr. Heilig testified that Moore sustained a 12% permanent whole body impairment. Dr. Heilig utilized the AMA Guide to the Evaluation of Permanent Impairment to come to this conclusion. This evidence of permanent injury was sufficient to make this an issue for the jury.

“[E]vidence of permanent injury alone is sufficient for an instruction on permanent impairment of earning power, and … the jury can through their common knowledge and experience make the determination if there has been a permanent impairment of earning power, the extent of such impairment, and the amount of damages for such impairment.” Reece v. Nationwide Mut. Ins. Co., 217 S.W.3d 226, 229 (Ky. 2007).

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