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Abdelshahaed, Reazkallah v. Taylor Fresh Foods, Inc. ( 2023 )


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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