Can a injured plaintiff who is back to work in the same job ask for damages for loss of future earning capacity?

The answer is yes according to Fellow blawger, John Day of http://www.dayontorts.com/.

As reported in Loss of Future Earning Capacity, the Eighth Circuit Court of Appeals rules that, given the fact that there was evidence of ongoing physical problems and testimony by the plaintiff that he would probably not be working for as many years given his aliments, the plaintiff could ask for damages even though he continued to work at the same job.