Idaho Law Blog

By Fred Lewis

In Fairchild v. Kentucky Fried Chicken, 159 Idaho 208 (2015), on November 13, 2004 16 year old Terence Fairchild was employed by Kentucky Fried Chicken as a cook. He was carrying garbage to a dumpster when he slipped on ice and fell, striking his knees on a concrete barrier. He sought medical care for his knee injury and finally ended up in the office of Dr. Simms, an orthopedic surgeon. Dr. Simms diagnosed Terence with a posterior cruciate ligament injury to his right knee. He did not believe that surgery was needed and gave the claimant a 3% whole person impairment rating. The independent medical evaluator hired by the workers’ compensation insurance company opined that Terence’s right knee was stable and he sustained no permanent partial impairment. In 2011, Terence’s lawyer sent him to another physician to conduct another impairment rating. This new physician gave the claimant a 7% whole person impairment rating. None of the doctors gave the claimant any type of physical restrictions.

The Idaho Industrial Commission found that Terence was not a credible witness based on observations during the hearing and the differences between his hearing testimony and his prior statements during depositions, interviews, and appointments with medical providers. The Commission entered an order awarding the 3% whole person impairment rating with no disability in excess of the impairment rating since there were no restrictions.

By Fred J. Lewis

On October 8, 2012, Richard Job, M.D. was working as an internal medicine doctor and primary care physician for DRNE Clinic/Heritage Health. On June 17, 2013 Dr. Job presented to Dr. Patrick Mullen complaining of sudden onset right thumb pain. Eventually, the infection was determined to be caused by methicillin-resistant staphylococcus aureus, or MRSA. When asked as to a possible source of the infection, Dr. Job told Dr. Mullen that the only thing that came to mind was that his cat had scratched him on his right hand a few weeks previous. The infection spread throughout the claimant’s body.

The widely disseminated MRSA infection had by the time of the hearing resulted in numerous surgeries including multiple hand and wrist, surgeries to clean out the infection, multiple surgeries to Dr. Job’s back and shoulder, and the removal of Dr. Job’s previously installed artificial hip joint. Dr. Job was placed on IV antibiotics for suppressive therapy of his incurable MRSA infection and will remain so for the rest of his life. Dr. Job also had suffered two strokes that were arguably related to his MRSA infection. Strokes left him unable to effectively communicate. In fact, Dr. Job was not even able to attend the hearing in the matter due to his health condition, including a second stroke. But, through his attorney Steven Nemec, Dr. Job had hired a number of physicians to testify in his behalf.

By Fred J. Lewis

In October of 2006 the Claimant, Thomas C. Millard, fell 25’ on to a cement pad and injured his back, left leg, neck and shoulder. As a result of the accident the Claimant also suffered a serious brain injury.

As a part of his treatment the Claimant in 2012 and 2013 had injections completed by his doctor Vikas Garg, M.D. Claimant also received physical therapy treatments in 2011.