ABDELSHAHAED, REAZKALLAH v.Taylor Farms

FILED
Dec 15, 2021
02:23 PM(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. 2020-05-0836
Employee, )
v. )
TAYLOR FARMS, ) State File No. 56254-2020
Employer, )
And )
AMERICAN ZURICH INS. CO. ) Judge Dale Tipps
Carrier. )
COMPENSATION ORDER DENYING BENEFITS
The Court held a Compensation Hearing in this case on December 9, 2021, to
determine 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 Farms, the Court holds that he is not entitled to the
requested benefits.
History of Claim
After working at Taylor Farms as a product handler for about three years, Mr.
Abdelshahaed developed pain in his right hand. He reported the problem to his supervisors,
who advised that Taylor Farms would provide medical treatment. However, Mr.
Abdelshahaed felt the process was taking too long, and he sought treatment on his own
from Dr. Adam Cochran.
After Mr. Abdelshahaed started seeing Dr. Cochran, Taylor Farms offered him a
panel of physicians. He selected Dr. Joseph Weick and signed the panel.1 Mr.
Abdelshahaed was very dissatisfied with Dr. Wieck’s treatment.
1
Mr. Abdelshahaed testified that this was actually the third panel he received and that the Taylor Farms
failed to honor his first two selections.
1
At the hearing, Mr. Abdelshahaed asked the Court to order Taylor Farms to send
him to a specialist, as he has lost his health insurance. He also said that Taylor Farms fired
him after he returned to work and asked for temporary disability benefits to make up for
his lost wages.2 Taylor Farms contended that Mr. Abdelshahaed is not entitled to benefits
because he did not prove that his injury was primarily caused by work.
Findings of Fact and Conclusions of Law
Mr. Abdelshahaed, as the employee in a workers’ compensation claim, 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). At a compensation
hearing, 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. This includes the
requirement that he 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. See Tenn. Code Ann. § 50-
6-102(14).
In this case, neither party offered any medical proof.3 Instead, Mr. Abdelshahaed
contended that his symptoms only appeared after his work for Taylor Farms and suggested
that the cause of his injury is self-evident. He contended that this is sufficient for the Court
to award benefits. However, the Court cannot do so, because judges “are poorly positioned
to formulate expert medical opinions.” Love v. Delta Faucet Co., 2016 TN Wrk. Comp.
App. Bd. LEXIS 45, at *15 (Sept. 19, 2016). 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 described significant problems with Taylor Farms’s compliance with his light duty restrictions,
as well as the denial of his short-term and long-term disability requests. The Court will not address these
claims, as it has no legal authority to grant any relief for them.
3
Although he never tried to move it into evidence, Mr. Abdelshahaed referred to a causation opinion from
Dr. Cochran that the Court considered in his previous expedited hearing. However, that opinion was
contained in one of Dr. Cochran’s medical records. Thus, even if Mr. Abdelshahaed had offered the actual
record as an exhibit, it would not have been admissible during a compensation hearing under Tennessee
Compilation Rules and Regulations 0800-02-21-.15(2).
2
IT IS, THEREFORE, ORDERED as follows:
1. Mr. Abdelshahaed’s claim is denied.
2. Taylor Farms 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 Farms 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 December 15, 2021.
_____________________________________
Judge Dale Tipps
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Form C-42 Choice of Physician Form
Technical record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing
4. Expedited Hearing Order
5. Scheduling Order
6. Employer’s Pre-Compensation Hearing Statement
3
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on December 15, 2021.
Name Certified Email Service Sent To
Mail
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, Clerk of Court
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
4
Compensation Hearing Order Right to Appeal:
If you disagree with this Compensation Hearing Order, you may appeal to the Workers’
Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’
Compensation Appeals Board, you must:
1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the
Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the
date the compensation hearing order was filed. When filing the Notice of Appeal, you
must serve a copy upon the opposing party (or attorney, if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten
calendar days after filing of the Notice of Appeal. Payments can be made in-person at
any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the
alternative, you may file an Affidavit of Indigency (form available on the Bureau’s
website or any Bureau office) seeking a waiver of the filing fee. You must file the fully-
completed Affidavit of Indigency within ten calendar days of filing the Notice of
Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will
result in dismissal of your appeal.
3. You bear the responsibility of ensuring a complete record on appeal. You may request
from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court
reporter must prepare a transcript and file it with the court clerk within fifteen calendar
days of the filing the Notice of Appeal. Alternatively, you may file a statement of the
evidence prepared jointly by both parties within fifteen calendar days of the filing of the
Notice of Appeal. The statement of the evidence must convey a complete and accurate
account of the hearing. The Workers’ Compensation Judge must approve the statement
of the evidence before the record is submitted to the Appeals Board. If the Appeals
Board is called upon to review testimony or other proof concerning factual matters, the
absence of a transcript or statement of the evidence can be a significant obstacle to
meaningful appellate review.
4. After the Workers’ Compensation Judge approves the record and the court clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties. The appealing
party has fifteen calendar days after the date of that notice to submit a brief to the
Appeals Board. See the Practices and Procedures of the Workers’ Compensation
Appeals Board.
To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing
Order must be final and you must comply with the Tennessee Rules of Appellate
Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s
Order will become final by operation of law thirty calendar days after entry. See Tenn.
Code Ann. § 50-6-239(c)(7).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
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