Opinion

MOORE, ERIN V. AMAZON.COM SERVICES, LLC

  • 2025 TN WC 83
Court
Tennessee Court of Workers' Compensation Claims
Filed
Nov 24, 2025
Status
Published
On the bench
Durham
Cited by
0 cases

The opinion

FILED

Nov 24, 2025

10:46 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

ERIN MOORE, ) Docket No.: 2025-60-2991

Employee, )

v. ) State File No.: 16015-2025

)

AMAZON.COM SERVICES, ) Judge Robert Durham

LLC, )

Employer, )

And )

AMERICAN ZURICH INS. CO., )

Insurer. )

EXPEDITED HEARING ORDER GRANTING BENEFITS

This Court held an Expedited Hearing on November 12, 2025, on Ms. Moore’s

request for medical and temporary disability benefits for a work-related injury to her left

shoulder sustained on February 19, 2025. Before the hearing, Amazon agreed to provide

Ms. Moore with her requested benefits. Still, Ms. Moore asked to submit evidence about

the difficulty she had getting benefits for her injury and requested that her claim be sent to

the Bureau’s Compliance Program for consideration of a penalty against Amazon. The

Court grants Ms. Moore’s request.

Stipulations

At the hearing’s outset, the parties agreed to the following:

1. Ms. Moore’s compensation rate is $185.51. Amazon shall pay $7,049.38 in past

temporary disability benefits from February 25, 2025, through November 12,

2025, and shall continue to make biweekly payments until Ms. Moore reaches

maximum medical improvement or is returned to work.

2. Amazon shall authorize Dr. Eric Maryniw to provide reasonable and necessary

1

medical treatment for Ms. Moore’s left-shoulder injury and shall reimburse Ms.

Moore and her health insurance carrier for past medical expenses incurred in

treatment of her work-related injury.

3. Amazon shall authorize the physical therapy recommended by Dr. Maryniw for

continued post-surgical rehabilitation of Ms. Moore’s left shoulder.

History of Claim

Amazon did not dispute Ms. Moore’s testimony as to her injury. She testified that

one of her jobs with Amazon required her to repetitively push carts loaded with

merchandise approximately 100 yards from one station to another. The carts were 6.5 feet

tall and often had faulty wheels. The handles for pushing the cart were both on the right

side, which required her to use her left arm as the primary force to move it.

On February 19, 2025, Ms. Moore was at the end of her first five-hour shift when

she began experiencing pain in her upper left arm. She returned that same day to work

another shift, and the pain increased to the point that she told her shift supervisor that she

could not continue pushing the carts and asked to be transferred to another department.

When she returned to work on February 22, she again worked pushing carts, and

her left shoulder began hurting by the end of her shift. The pain worsened the next day and

was “solidly in her left shoulder.

On February 25, she told Siu Long and Melody that she could not push the carts. 1

She also told Ashley, who worked as a “process assistant” and was responsible for

assigning job duties. Ashley told her to report the injury to Amazon’s wellness center. Ms.

Moore went to the wellness center and saw Randolfo Ramos. She told him her shoulder

pain was work-related, but he responded that he could not report it as a workers’

compensation injury unless she requested treatment. He gave her some Biofreeze, and she

finished her shift.

The next day when she reported for work, she told Mary, a “shoe sort leader” that

she was going to the wellness center for treatment. No one was there who could treat her

injury, so she asked a receptionist to speak with someone responsible for work injuries, but

the receptionist could not help her. Ms. Moore could not remain at work due to the pain

and took personal time off so she could go home. Before she left, however, she again

talked with Mary. She told her that her shoulder problem was work-related and asked her

what to do. Mary told her that she could take time off and go to her own doctor, since

Tennessee doesn’t really “do” workers’ compensation.

1

Ms. Moore worked part-time at Amazon and did not know the last names or job titles of many of her co-

workers.

2

On March 1, Ms. Moore returned to work and was again given the job of pushing

the carts. After a few hours, her shoulder felt “like it was on fire.” She told “dock manager”

Anthony that her shoulder was “messed up” and she needed to see a doctor. She filled out

an accident report, and Amazon restricted her from pushing carts but did not provide

additional medical care.

A few days later, Ms. Moore went to Amazon’s Safety Team Manager, Chris

Brewer, and specifically requested a Choice of Physicians form. He told her that her file

had been closed because she said her injury was not work-related and she would have to

speak with Mr. Reynolds, another manager at Amazon.

Mr. Reynolds gave her a panel, and she chose Dr. Jeffrey Hazlewood. When she

saw him, he brought up Mr. Ramos’s report that said her injury was not work-related. She

vigorously denied telling him that, and despite Dr. Hazlewood saying this discrepancy

created a “gray area” as to causation, he gave his opinion that “at present” her symptoms

were work-related and placed her on restrictions.

Ms. Moore filed an “ethics complaint” with Amazon against Mr. Ramos, asserting

that he falsely stated that she claimed her injury was not work-related. She went back to

Dr. Hazlewood, who recommended physical therapy and extended her restrictions.

At that point, Amazon’s carrier denied Ms. Moore’s workers’ compensation claim

and refused to authorize further medical treatment. Given the denial, Amazon would no

longer accommodate her restrictions, and she was not able to return to work. Ms. Moore

continued to try to convince Amazon to change Mr. Ramos’s report, but it refused.

Eventually, Ms. Moore sought treatment on her own and came under the care of

orthopedist Eric Maryniw, M.D. Dr. Maryniew performed surgery to repair a glenoid

labral tear in her left shoulder. She requires additional physical therapy and remains on

restricted duty.

IT IS ORDERED.

1. Ms. Moore is entitled to the benefits stipulated to by Amazon as described above,

and Amazon shall pay accordingly.

2. Unless an interlocutory appeal of the Expedited Hearing Order is filed,

compliance with this Order must occur no later than seven business days from

the date of entry of this Order as required by Tennessee Code Annotated section

50-6-239(d)(3).

3. This case is referred to the Bureau’s Compliance Program to determine if, and

3

to what extent, a penalty is warranted.

4. This case is set for a status conference on January 22, 2026, at 9:00 a.m.

Central Time. The parties must call 615-253-0010. Failure to appear might

result in a determination of the issues without the party’s participation.

ENTERED November 24, 2025.

_____________________________________

ROBERT DURHAM, JUDGE

Court of Workers’ Compensation Claims

Exhibits:

1. Ms. Moore’s collective exhibits

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on November 24, 2025.

Name U.S. Email Service sent to:

Mail

Erin Moore X ecarrollmoore@gmail.com

Megan Jones X majones@mijs.com

Compliance Program X WCCompliance.Program@tn.gov

_____________________________________

PENNY SHRUM, Court Clerk

WC.CourtClerk@tn.gov

4

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.

¾ 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.

¾ 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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ

ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗

ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________

ප Compensation Order filed on__________________ ප 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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