Fairchild v. Kentucky Fried Chicken
Annotate this CaseIn 2004 when he was sixteen years old, claimant Terence Fairchild worked for Kentucky Fried Chicken as a cook. While carrying garbage to a dumpster, he slipped on ice and fell onto a concrete barrier, striking his knees. The impact caused his knees to bleed. He went inside the building, bandaged his knees, and informed his supervisor of the accident. Claimant sought medical care. The physician diagnosed his condition as patellofemoral pain following bilateral patella contusions and prescribed knee braces, stretching exercises, Naprosyn, and ice. He saw the physician one week later and continued to suffer pain in both knees. The physician prescribed physical therapy, which failed to alleviate Claimant’s symptoms. The physician ordered an MRI of Claimant’s left knee a few weeks later. The MRI did not reveal any abnormality. After reviewing the results of the MRI with an orthopedist, the physician continued Claimant on physical therapy and anti-inflammatory medication. Approximately one month following the accident, Claimant filed a complaint seeking benefits under the Worker’s Compensation Law. Claimant sought a second, third and fourth opinions, including one from an orthopedic surgeon. These opinions spanned approximately seven years following the initial fall. In 2007, the orthopedic surgeon suspected claimant suffered a partial posterior cruciate ligament injury to his right knee and concluded that Claimant was entitled to a permanent partial impairment of 3%. In 2011, an examining physician agreed Claimant suffered a partial posterior cruciate ligament injury, but estimated the permanent partial impairment of 7%. In a 2012 hearing, the Industrial Commission found Claimant was not a credible witness based upon its observation of him during the hearing and the differences between his hearing testimony and his prior statements in depositions, interviews, and appointments with medical providers. The Commission concluded that it regarded Claimant’s testimony as suspect where it was not supported by other evidence in the record. The Commission found that Claimant had suffered a right posterior cruciate ligament injury in the accident and that as a result of that injury he had a permanent partial impairment rating of 3%. Finally, the Commission found that Claimant had failed to prove that he had a disability in excess of his impairment. Claimant filed a motion for reconsideration, which the Commission denied. Claimant then appealed. Finding no reversible error, the Supreme Court affirmed the Commission's judgment.
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