The opinion
FILED
Jan 28, 2026
08:29 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
ERICA LEE, ) Docket No. 2025-80-1847
Employee, )
v. )
AMAZON, ) State File No. 54071-2023
Employer, )
And )
AMERICAN ZURICH INS. CO., )
Carrier. ) Judge Shaterra R. Marion
________________________________________________________________________
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an expedited hearing on January 20, 2026. Ms. Lee requested
additional medical and temporary disability benefits for her alleged work injury. Amazon
denied her request because her work injury did not cause her current symptoms. The Court
agrees and denies the requested benefits.
History of Claim
Ms. Lee injured her shoulder on July 11, 2023, when a cart jerked her arm. After
going to the hospital and a clinic, she selected orthopedist Dr. Riley Jones from a panel. In
November 2023, Dr. Jones diagnosed a partial rotator cuff tear and arthritis in her shoulder.
He gave her an injection and ordered physical therapy. At each visit, Dr. Jones returned
Ms. Lee to work with restrictions. Dr. Jones placed Ms. Lee at maximum medical
improvement on April 18, 2024, with a 4% impairment rating.
Soon after the work incident at Amazon, Ms. Lee began working for another
employer, Allied. She worked as a security guard and was involved in an altercation when
she tried to prevent one of her coworkers from assaulting a patient.
Amazon questioned whether Ms. Lee’s diagnosis and resulting impairment were
causally related to the incident at Amazon. It asked Dr. Jones to complete a questionnaire
addressing causation. Dr. Jones stated he found Ms. Lee’s rotator cuff tear to be “more of
a degenerative tear than traumatic.” He also noted that he did not know about Ms. Lee’s
other job or the altercation that occurred there when he placed her at maximum medical
improvement.
Dr. Jones concluded that, to a reasonable degree of medical certainty, the 4%
impairment rating was not related to her Amazon injury. He stated her injury appeared “to
be >51% degenerative.” Amazon then denied her claim.
Ms. Lee sought unauthorized treatment from Dr. David Buechner. He diagnosed a
rotator cuff tear, shoulder pain, and shoulder stiffness, and he ordered physical therapy.
Addressing causation, Dr. Buechner noted “clearly chronic findings related to the
right shoulder.” He wrote that the rotator cuff tear “may also have an acute aspect.” He
concluded that her “acute right shoulder injuries were, within a reasonable amount of
medical certainty, caused by the [Amazon work] accident on 7/11/23.”
Neither party offered much evidence on the issue of temporary disability benefits.
Ms. Lee testified that she did not receive temporary total disability benefits between July
and September 2023. She also stated that she received her final temporary total disability
payment on November 20, 2024. Amazon filed a temporary total disability ledger, which
shows payments from September 14, 2023, to November 18, 2024. 1
Findings of Fact and Conclusions of Law
Ms. Lee has the burden of proving she is likely to prevail at a hearing on the merits
for her request for benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2025); McCord v.
Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar.
27, 2015).
To recover medical benefits, Ms. Lee must show a physician found to a reasonable
degree of medical certainty that her work injury contributed more than 50% in causing her
current need for medical treatment, considering all causes. Id. § 50-6-102(12) (Emphasis
added).
Ms. Lee offered the opinion of Dr. Buechner, who concluded that her acute findings
were caused by her work injury at Amazon. However, he also noted that Ms. Lee had
chronic findings in her shoulder.
Amazon relied on Dr. Jones’s opinion, who determined that Ms. Lee’s work injury
at Amazon did not, more than 50%, cause her current need for treatment. As the authorized
1
Amazon also raised a possible temporary total disability overpayment issue but it will argue that at a
compensation hearing if appropriate.
treating physician, his opinion is presumed correct on the issue of causation and medical
necessity. Id. §§ 50-6-102(E), 50-6-204(a)(3)(H).
Dr. Buechner’s causation opinion, with no further explanation, is not enough to
rebut Dr. Jones’s presumption. Dr. Buechner states that Ms. Lee’s rotator cuff tear “may”
have an acute aspect. Additionally, he notes that her imaging shows both chronic and acute
findings but does not explain whether the work incident at Amazon primarily caused her
current need for treatment.
Ms. Lee also sought temporary total disability benefits. To be entitled to these
benefits, she must prove: (1) she became disabled from working due to a compensable
injury; (2) a causal connection exists between the injury and the inability to work; and (3)
the period of disability. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App.
Bd. LEXIS 48, at *7 (Dec. 11, 2015).
Here, Ms. Lee failed to meet these elements. Specifically, she failed to establish the
period of her disability. She testified that she did not receive payments between July and
September 2023, but she did not submit any proof that a doctor took her off work for those
months. In fact, she testified that she worked for a different employer during those same
months. The only doctor who addressed her work status was Dr. Riley, and each time he
saw her he returned her to work the same day.
Therefore, the Court finds that Ms. Lee is not likely to prove entitlement to
additional benefits at a hearing on the merits.
IT IS THEREFORE ORDERED as follows:
1. The Court denies Ms. Lee’s request for benefits at this time.
2. The Court sets a status conference for March 23, 2026, at 1:30 p.m. Central Time.
The parties must call (866) 943-0014 to participate. Failure to call may result in a
determination of the issues without the party’s participation.
ENTERED January 28, 2026.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Medical Records – Dr. Riley Jones and Christ Community Health
2. Medical Records – Dr. David Buechner
3. [For Identification Only] Physical Therapy Records – Paragon Medical Group
4. [For Identification Only] Medical Bills – Paragon Medical Group
5. First Report of Injury
6. Temporary Total Disability Benefit Ledger paid by Amazon
7. [For Identification Only] Discovery Responses of Ms. Lee
8. Affidavit of Ms. Lee
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on January 28, 2026.
Name Email Service sent to:
Olufemi Salu, X salu@salulawfirm.com
Employee’s Attorney
Tiffany Hranicky X tbhranicky@mijs.com
Lauren Gray, lngray@mijs.com
Employer’s Attorney melarrimore@mijs.com
_____________________________________
Penny Shrum, Court 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.
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 *
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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]
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