Folsom v. New England Telephone & Telegraph Co.

I concur in affirming the decision of the Appellate Division in this case. I write separately only because I do not agree with the conceptual basis of the Court's opinion. Specifically, Folsom’s appeal does not involve an exception to the so-called “comparative medical evidence rule.”

Before the 1981 amendments, and before our decision in Haney v. Lane Construction Corp., 422 A.2d 1292 (Me.1980), we had recognized the dual nature of earning incapacity. See e.g. Dailey v. Pinecap Inc., 321 A.2d 492 (Me.1974); Connelly’s Case, 122 Me. 289, 119 A. 664 (1923). The two appeals of Dale Folsom are…