Meener, Musshur v. Amazon

FILED

Aug 22, 2024

09:05 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

MUSSHUR MEENER, ) Docket No.: 2023-08-03737

Employee, )

)

v. )

)

AMAZON, )

Employer, )

And ) State File No.: 860283-2023

AMERICAN ZURICH INSURANCE CO., )

Carrier, )

And )

TROY HALEY, as ADMINISTRATOR of )

the BUREAU OF WORKERS’ )

COMPENSATION, SUBSEQUENT INJURY )

& VOCATIONAL RECOVERY FUND. ) Judge Shaterra R. Marion

)

EXPEDITED HEARING ORDER DENYING BENEFITS

The Court held an expedited hearing on August 13, 2024. Mr. Meener requested

medical and temporary disability benefits for injuries to his neck, shoulder, low back, and

legs. Amazon argued that Mr. Meener did not provide proper notice. The Court agrees and

denies the requested benefits.

History of Claim

Mr. Meener testified that on April 22 and 23, 2023, he pushed 2,000-3,000 heavy

boxes that injured his back. On April 22, he went to the onsite clinic and received bio freeze

and a heat pack for back pain. Amazon created the workers’ compensation referral

notification, on June 23, that states he went to the clinic on April 22 “to self-treat chronic

back pain” and that he returned to work without incident.

He testified he knew he had a work injury by April 23 and notified Amazon four

days later, on April 27, by taking a letter to the human resources desk. He spoke with

Anthony, who Mr. Meener described as a human resources manager. Another employee,

Melody, witnessed the conversation. Mr. Meener asked Anthony to give the letter to the

plant manager because his pain made walking difficult, and Anthony agreed.

Mr. Meener also said that he could not deliver the letter to the plant manager because

he was parked in visitor parking. Additionally, a record of him “punching in” on April 27

shows he was in the building and thus, according to him, shows he delivered the letter on

that date.

Amazon admitted his presence on April 27 but denied he reported the injury.

Brennan Reeves, the human resources manager, testified by declaration that Amazon has

an electronic system to log all associate engagements. He explained that neither Anthony

nor Melody logged that they were made aware of Mr. Meener’s injury in April 2023.

Instead, Mr. Reeves stated that Amazon first learned of an injury allegation on June

23, when Mr. Meener completed and signed an “initial report form.”

After he delivered the letter on April 27, Mr. Meener states he was told to call a

human resources number to report the injury. At one point he testified he called after his

second emergency room visit, on June 10, however, later he said he called the number “that

very night,” referring to April 27. He also said camera footage should have captured him

delivering the letter, but the camera was not working that day. Neither party provided proof

of the human resources call nor the camera allegations.

In his May 30 petition, Mr. Meener alleged he notified Terrance with Amazon’s

onsite clinic on May 19, but he could not answer why he put May 19 as his notice date. He

testified that everything in the petition was correct, but he did not know the manager’s

name.

Findings of Fact and Conclusions of Law

Mr. Meener has the burden of proving he is likely to prevail at a hearing on the

merits on his claim for medical and temporary benefits. Tenn. Code Ann. § 50-6-239(c)(6)

(2023); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS

6, at *7-8, 9 (Mar. 27, 2015).

An employee must give written notice of a work-related injury within 15 days of

the work accident, unless the employee can show his employer had actual knowledge of

his injury or he had a reasonable excuse for not giving notice within 15 days. Tenn. Code

Ann. § 50-6-201(a)(1).

In Ernstes v. Printpack, the Appeals Board instructed that trial courts evaluating the

issue of notice should consider the steps below:

A. Did the employee provide timely written notice of the alleged work-

related injury?

B. If no timely written notice was provided, did the employer have “actual

knowledge” of the alleged work-related accident or injury?

C. If no timely written notice was provided and no actual knowledge has

been proven, did the employee show a “reasonable excuse” for the failure to

give proper notice to the employer?

D. If the court determines that: (1) no timely written notice was provided;

(2) the employer did not have actual knowledge of the alleged accident or

injury; and (3) the employee did not prove a reasonable excuse for the failure

to give timely notice, the claim should be denied and dismissed.

2023 TN Wrk. Comp. App. Bd. LEXIS 25, at *34-35 (June 6, 2023).

Here, Mr. Meener did not provide timely written notice within 15 days of his injury.

Although he claimed that he gave written and verbal notice on April 27, the Court does not

find his testimony credible nor consistent with the evidence. He completed, and signed, the

“initial incident form” on June 23. Also, he stated he gave notice on May 19 in his petition

for benefit determination. His testimony seemed defensive with no explanations for the

inconsistencies. See Kelly v. Kelly, 445 S.W.3d 685, 694-695 (Tenn. 2014) (discussing

indicia of witness credibility). Further, Amazon had no record of any conversation between

Anthony and Mr. Meener in their system.

Next, the Court must determine whether Amazon had actual knowledge of the

alleged work-related injury. They did not. He went to the onsite clinic on the day of his

injury but said he needed treatment for his chronic back pain, not a work-related injury.

Additionally, as stated above, the Court did not find Mr. Meener’s testimony of verbal

notice on April 27 credible.

The final question is whether Mr. Meener provided a reasonable excuse for his

failure to give timely notice. Mr. Meener did not argue reasonable excuse for his failure to

give timely notice, as he claimed he gave timely notice.

The Court holds that Mr. Meener is unlikely to prevail at a hearing on the merits on

the issue of timely notice. His request for benefits is denied at this time.

IT IS THEREFORE ORDERED as follows:

1. Mr. Meener’s request for medical and temporary disability benefits is denied at this

time.

2. The Court sets a status conference for October 15, 2024 at 2:00 p.m. The parties

must call (866) 943-0014 to participate. Failure to call might result in a

determination of the issues without the party’s participation.

ENTERED August 22, 2024.

________________________________________

Judge Shaterra R. Marion

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Nova Medical Records from July 3, 2023

2. Job Duty Sheet Submitted by Mr. Meener

3. Baptist Hospital Records from June 10, 2023

4. Workers’ Compensation Referral and Initial Report Form dated June 23, 2023

5. X-Ray Results and Chiropractor Records

6. Amazon Physician Statement Dated June 10, 2023

7. Medical Bills Submitted by Mr. Meener

8. Petition for Benefit Determination filed May 30, 2023

9. Baptist Hospital Records from April 30, 2023

10. Rule 72 Affidavit of Brennan Reeves

Marked for Identification Only:

11. Email sent from Mr. Meener to himself dated April 27, 2023 (late-filed)

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on August 22, 2024.

Name Regular Email Sent to

Mail

Musshur Meener, X X 947 S Willett Street

Employee Memphis, TN 38114

musshurfragranceworld@gmail.com

Troy Hart, X wth@mijs.com

Megan Jones, majones@mijs.com

Employer’s Attorneys

Timothy Kellum, X timothy.kellum@tn.gov

Subsequent Injury

Fund

_______________________________________

Penny Shrum

Clerk, Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

Right to Appeal:

If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation

Appeals Board. To do so, you must:

1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the

Court of Workers’ Compensation Claims before the expiration of the deadline.

 If the order being appealed is “expedited” (also called “interlocutory”), or if the

order does not dispose of the case in its entirety, the notice of appeal must be filed

within seven (7) business days of the date the order was filed.

 If the order being appealed is a “Compensation Order,” or if it resolves all issues

in the case, the notice of appeal must be filed within thirty (30) calendar days of

the date the Compensation Order was filed.

When filing the Notice of Appeal, you must serve a copy on 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 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 are responsible for ensuring a complete record is presented on appeal. If no court

reporter was present at the hearing, you may request from the Court Clerk the audio

recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your

appeal, which the Appeals Board has emphasized is important for a meaningful review of

the case, a licensed court reporter must prepare the transcript, and you must file it with the

Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,

and you will receive notice once it has been submitted. For deadlines related to the filing of

transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the

Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)

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.

If neither party timely files an appeal with the Appeals Board, the Court Order

becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory

orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).

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