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FILED Jul 20, 2023 08:04 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT MURFREESBORO REAZKALLAH ABDELSHAHAED, ) Docket No. 2021-05-0272 Employee, ) v. ) TAYLOR FRESH FOODS, INC., ) State File Nos. 800172-2021 Employer, ) And ) ZURICH AMERICAN INS. CO. ) Judge Dale Tipps Carrier. ) COMPENSATION HEARING ORDER DENYING BENEFITS The Court held a Compensation Hearing on July 18, 2023, on whether Mr. Abdelshahaed is entitled to medical and disability benefits. Because Mr. Abdelshahaed submitted no medical proof that his injury arose primarily out of his employment with Taylor Fresh Foods, the Court holds that he is not entitled to the requested benefits. History of Claim Mr. Abdelshahaed claimed he cut his left forefinger with a knife while opening boxes at Taylor Farms on November 4, 2020. He described being intentionally pushed by his supervisor, which caused the knife to slip. Although Mr. Abdelshahaed claimed his finger was bleeding profusely, he said Taylor Farms provided no medical treatment other than a bandage. Not long after this incident, Taylor Farms terminated him. After an expedited hearing in November 2022, the Court found that Mr. Abdelshahaed had not shown he was likely to prove that the incident was the primary cause of his current need for treatment. However, it ordered Taylor Farms to offer a panel of physicians. Taylor Farms complied, and Mr. Abdelshahaed selected Dr. Paul Abbey, who saw Mr. Abdelshahaed once.1 1 The parties disputed the timeframe of when the panel was provided, as well as when Mr. Abdelshahaed made his selection. However, the date of the evaluation is not relevant to this hearing. 1 Mr. Abdelshahaed offered two medical reports in support of his claim, one from Dr. Abbey and the other from his personal chiropractor, Dr. Larry McCoy. Both were excluded as hearsay after Taylor Farms objected. At the hearing, Mr. Abdelshahaed testified that he suffered nerve damage and that his finger is now numb and useless. He requested medical treatment and disability benefits.2 Taylor Farms contended that Mr. Abdelshahaed is not entitled to benefits because he did not prove his injury was primarily caused by work. It also argued that he failed to present any evidence of temporary disability or permanent impairment. Findings of Fact and Conclusions of Law Mr. Abdelshahaed has the burden of proof on all essential elements of his claim. Scott v. Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 2015). He must show by a preponderance of the evidence that he is entitled to the requested benefits. Willis v. All Staff, 2015 TN Wrk. Comp. App. Bd. LEXIS 42, at *18 (Nov. 9, 2015). The first element that Mr. Abdelshahaed must prove is that his alleged injury arose primarily out of and in the course and scope of his employment. He must show “to a reasonable degree of medical certainty that [the incident] contributed more than fifty percent (50%) in causing the . . . disablement or need for medical treatment, considering all causes.” “Shown to a reasonable degree of medical certainty” means that, in the opinion of the treating physician, it is more likely than not considering all causes as opposed to speculation or possibility.
Tenn. Code Ann. § 50-6-102(12) (2022). In this case, neither party offered any medical proof.3 Because the Court has no medical proof of causation, Mr. Abdelshahaed did not show that his injury arose out of and in the course and scope of his employment. This means the Court cannot find he is entitled to workers’ compensation benefits. 2 He also complained that he was wrongfully terminated after his accident and incurred substantial debt from his job loss. The Court explained that it has no authority to address these allegations. Any recourse for those claims lies outside of the Court of Workers’ Compensation Claims. 3 Contrary to the requirements of Rules 0800-02-21-.22(3) and (4), as well as the scheduling order, both parties also failed to file a witness list, exhibit list, or a prehearing statement. 2 IT IS, THEREFORE, ORDERED as follows: 1. Mr. Abdelshahaed’s claim is denied. 2. Taylor Fresh Foods shall pay the $150.00 filing fee under Tennessee Compilation Rules and Regulations 0800-02-21-.06 within five days of entry of this order. 3. Taylor Fresh Foods shall file an SD-2 within five days of entry of this order. 4. Unless appealed, this order shall become final thirty days after entry. ENTERED July 20, 2023. _____________________________________ Judge Dale Tipps Court of Workers’ Compensation Claims APPENDIX Exhibits 1. Mr. Abdelshahaed’s June 2, 2022 Rule 72 Declaration 2. Wage Statement 3. Dr. McCoy’s July 7, 2023 office note (identification only) 4. Dr. Abbey’s June 9, 2023 progress noted (identification only) 5. Screenshot of emailed medical panel 6. Employee’s November 4, 2020 incident report 7. Mr. Abdelshahaed’s July 10, 2023 Rule 72 Declaration Technical record: 8. Petition for Benefit Determination 9. Dispute Certification Notice 10. Request for Expedited Hearing 11. Expedited Hearing Order 12. Appeals Board Opinion 13. Scheduling Order 14. Post-discovery Dispute Certification Notice 15. July 11, 2023 Motion to file Dr. McCoy’s record 16. Response of Employer/Carrier to Motion 3 CERTIFICATE OF SERVICE I certify that a copy of the Order was sent as indicated on July 20, 2023. Name U.S. Mail Email Service Sent To Reazkallah Abdelshahaed X X 456 Cedar Park Circle Lavergne, TN 37086 reazkallahabdelshahaed@yahoo.com Peter Rosen, X prosen@vkbarlaw.com Employer’s Attorney ______________________________________ PENNY SHRUM, COURT CLERK wc.courtclerk@tn.gov 4 NOTICE OF APPEAL Tennessee Bureau of Workers’ Compensation www.tn.gov/workforce/injuries-at-work/ wc.courtclerk@tn.gov | 1-800-332-2667 Docket No.: ________________________ State File No.: ______________________ Date of Injury: _____________________ ___________________________________________________________________________ Employee v. ___________________________________________________________________________ Employer Notice is given that ____________________________________________________________________ [List name(s) of all appealing party(ies). Use separate sheet if necessary.] appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file- stamped on the first page of the order(s) being appealed): □ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________ □ Compensation Order filed on__________________ □ Other Order filed on_____________________ issued by Judge _________________________________________________________________________. Statement of the Issues on Appeal Provide a short and plain statement of the issues on appeal or basis for relief on appeal: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Parties Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee Address: ________________________________________________________ Phone: ___________________ Email: __________________________________________________________ Attorney’s Name: ______________________________________________ BPR#: _______________________ Attorney’s Email: ______________________________________________ Phone: _______________________ Attorney’s Address: _________________________________________________________________________ * Attach an additional sheet for each additional Appellant * LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________ Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee Appellee’s Address: ______________________________________________ Phone: ____________________ Email: _________________________________________________________ Attorney’s Name: _____________________________________________ BPR#: ________________________ Attorney’s Email: _____________________________________________ Phone: _______________________ Attorney’s Address: _________________________________________________________________________ * Attach an additional sheet for each additional Appellee * CERTIFICATE OF SERVICE I, _____________________________________________________________, certify that I have forwarded a true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this case on this the __________ day of ___________________________________, 20 ____. ______________________________________________ [Signature of appellant or attorney for appellant] LB-1099 rev. 01/20 Page 2 of 2 RDA 11082
Document Info
Docket Number: 2021-05-0272
Judges: Dale Tipps
Filed Date: 7/20/2023
Precedential Status: Precedential
Modified Date: 7/20/2023