Border Apparel-East, Inc. v. Guadian

I respectfully dissent. I believe the majority has confused the proof needed to show lost wages in the past with the proof needed to show loss of earning capacity, the element of damage at issue here. The majority states that “there is no evidence as to how much Appellee actually had been earning prior to her injury.” While this may be of importance in reviewing a damage award for lost wages, it is not essential in reviewing an award for loss of wage earning capacity. The majority’s decision is based almost wholly upon this conclusion:

Appellee’s actual earnings prior to her injury were…