Rogers v KFC, 2009 ACO #75
The Appellate Commission affirmed magistrate’s decision denying benefits to a worker who alleged low back and bilateral knee injuries while working at the defendant’s restaurant. The Commission agreed that the plaintiff failed to meet the higher standard required pursuant to Farrington (significant relationship) and Rakestraw (medically distinguishable condition). The plaintiff failed to provide adequate testimony supporting a “significant relationship” between the plaintiff’s aging process and work. She also failed to prove her work caused a “medically distinguishable” pathology relative to the pre-existing condition. Key point: for conditions of the aging process, a “significant relationship” must exist between the work performed and the age related condition. For pre-existing conditions, there must be a “medically distinguishable” pathology caused by work.
