Opinion

Ruggieri, June v. Amazon.Com LLC

  • 2021 TN WC 185
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jun 16, 2021
Status
Published
On the bench
Kenneth M. Switzer
Cited by
0 cases

The opinion

FILED

Jun 09, 2021

07:15 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

June Ruggieri, ) Docket No. 2020-06-1452

Employee, )

v. )

Amazon.com, LLC, ) State File No. 37474-2020

Employer, )

And )

American Zurich Ins. Co., ) Judge Kenneth M. Switzer

Carrier. )

EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS

This case came before the Court on June 8 for an expedited hearing. June Ruggieri

alleged that she injured her shoulder while working at Amazon.com, LLC. Amazon

initially provided treatment but later denied the claim, asserting that she gave untimely

notice. After the denial, Ms. Ruggieri sought unauthorized treatment with an orthopedist.

She seeks an order designating the orthopedist as the authorized treating physician and

making Amazon pay past and ongoing bills incurred for her treatment and temporary

disability benefits, as well as attorney fees for an alleged wrongful denial.

For the reasons below, the Court holds Ms. Ruggieri is likely to prevail in a hearing

on the merits that she gave timely notice and suffered an injury arising primarily out of and

in the course and scope of employment. The Court grants her requested relief in part but

denies her request for attorney fees at this time.

Claim History

Ms. Ruggieri worked night shifts in the Amazon warehouse. She testified that on

Tuesday, May 5, 2020, early in her shift before midnight, as she took down an unexpectedly

heavy package from the top shelf of a rack, the package fell and pulled her right arm

downward. She immediately felt a tear in her right shoulder but continued working. She

returned to work the next evening but asked to leave early due to pain. She testified that

she did not immediately report the injury because she thought her condition might improve

after resting over her weekend.

Ms. Ruggieri testified that she later told two separate “learning ambassadors,” also

known as “line leaders” or “shift leads,” about the injury. Although the learning

ambassadors are continuously assigned different duties and personnel to manage, they wear

vests that identify them as supervisors.

According to Ms. Ruggieri, on Saturday, May 9, as she began her shift, a learning

ambassador named “Donna” asked why she left early a few nights ago, “and I told her it

was because I was hurt the night before.”

Then on May 19, she told a learning ambassador named “Ruchika,” also known as

“Rena,” about her injury. Ms. Ruggieri testified that she was struggling to drag a box with

her left arm, and Ruchika asked if she needed help. She told Ruchika she had injured her

arm and was worried that it would be a workers’ compensation case. To Ms. Ruggieri’s

knowledge, Amazon did not complete a report of injury at that time.

Ms. Ruggieri called Amazon’s “Dial-a-Doc” on May 22. Afterward, she contacted

an urgent care clinic, which refused to see her because her injury occurred at work. She

asked her shift manager, “Trevia,” to file a claim on May 24, and the next morning she

completed Amazon’s “Associate First Report of Injury.”1

Ms. Ruggieri testified that no one answers the phone at Amazon. On cross-

examination, she stated that human resources staff rarely work night shifts, and she could

not see them during the day because associates are not allowed on the premises unless they

are scheduled to work. Ms. Ruggieri acknowledged that she did not email Trevia or any

other manager but explained that she did not know Trevia’s email address and that, in her

experience, managers do not respond to email.

As for authorized treatment, on May 25, Amazon sent Ms. Ruggieri to a nearby

emergency room. She testified that providers there took her off work, and she did not work

for a week. Later, Ms. Ruggieri chose Dr. Harold Nevels from a panel. She saw him five

times in the coming month. Dr. Nevels initially diagnosed a shoulder sprain, placed her

on restricted duty, and ordered physical therapy. According to Ms. Ruggieri, Amazon

never authorized the physical therapy.

Dr. Nevels completed a “Healthcare Provider Request for Information Form” for

Amazon in mid-June, checking a box that the injury is “work-related.” Amazon objected

1

Ms. Ruggieri mistakenly wrote on the form that her injury occurred on May 7.

to the admissibility of this document, contending that it contains unauthenticated hearsay

and is an employment record, not a medical record.

The Court admitted the document. Tennessee Code Annotated section 50-6-

239(c)(1) states that whenever the administrator has adopted an evidentiary rule that

conflicts with the Rules of Evidence, the administrator’s rule applies. Tennessee

Compilation Rules and Regulations 0800-02-21-.16(2)(b) (August, 2019) states that signed

medical records are admissible.

As to whether this particular document is a medical record, Tennessee Code

Annotated section 63-2-101 broadly defines “medical records” in relevant part as “all

medical histories, records, reports and summaries.” The Appeals Board has held that

“medical reports signed by a physician are admissible. See Morgan v. Macy’s, 2016 TN

Wrk. Comp. App. Bd. LEXIS 39, at *21 (Aug. 31, 2016) (Trial court did not err by

admitting a signed utilization review report into evidence).

Although the document at issue is a form created by Amazon and was not generated

by the doctor or the Bureau, the Court reasonably infers that Dr. Nevels completed it at

Amazon’s request. It reports/summarizes detailed medical information about Ms.

Ruggieri’s condition and necessary work accommodations, including whether she was

prescribed medication. Dr. Nevels noted the physical therapy and orthopedic referrals on

the form. Considering the predominance of medical rather than employment information

conveyed within the two-page document, the Court finds this is a medical record and is

therefore admissible under the administrator’s rule.

On June 15, 22 and 29, Dr. Nevels referred Ms. Ruggieri to orthopedist Dr. Kyle

Joyner. The June 15 notes stated that Dr. Nevels referred her to Dr. Joyner “for second

opinion,” but later the notes clarified Dr. Nevels’s intention: “I would like to have Dr.

Joyner re evaluate [sic] this case and assume management.” Dr. Nevels maintained Ms.

Ruggieri’s work restrictions throughout her treatment.

Amazon never authorized the referral or offered a panel of orthopedists. Instead, it

denied the claim on July 2, asserting Ms. Ruggieri gave a “late report” of her injury as the

sole basis for the denial. Afterward, Ms. Ruggieri continued working.

Ms. Ruggieri saw Dr. Joyner on her own in March 2021. He suspected rotator cuff

pathology and ordered an MRI, which confirmed a right-shoulder full thickness rotator cuff

tear. Dr. Joyner performed surgery, but his notes are silent as to work restrictions. Ms.

Ruggieri said he assigned restrictions in a letter she gave to Amazon. She worked a few

shifts until her last day at work on April 22. She is not currently working.

In a letter from Ms. Ruggieri’s attorney, Dr. Joyner checked “yes” when asked

whether “[w]ithin a reasonable degree of medical certainty and considering all causes . . .

the right shoulder condition for which you are treating Ms. Ruggieri [is] more than 50%

related to her on the job injury at Amazon in May of 2020.” He noted, “Likely secondary

to lowering a heavy box from an overhead position.” Amazon offered no contrary medical

causation opinion.

Ms. Ruggieri further testified that she incurred medical expenses totaling $1,661.96

for visits with Dr. Joyner, surgery and physical therapy. However, the Court did not admit

the bills or a spreadsheet summarizing them into evidence, based on Eaves v. Ametek, 2018

TN Wrk. Comp. App. Bd. LEXIS 53, at *8 (Sept. 14, 2018). In that case, the Appeals

Board held that medical bills were inadmissible, when not signed by a physician, not

accompanied by a proper certification, not attached to an affidavit from a medical provider

attesting to their accuracy or completeness, and the employee offered no proof that the

medical bills were reasonable, necessary, or causally-related to the work accident.

Procedural history and motion to continue

Amazon moved for a continuance before the hearing. The Court heard argument on

the motion on the morning of the hearing. A review of past events and their timing provides

a helpful context for the Court’s decision to deny the motion.

Ms. Ruggieri, self-represented at the time, filed her petition for benefit

determination in September 2020. A dispute certification notice was issued on February

10, 2021, that included compensability as an issue. Notably, Amazon submitted a

February 2 letter to the mediator outlining the issues, including whether the injury arose

primarily from employment.

On March 30, Ms. Ruggieri filed a request for expedited hearing but not an affidavit

or declaration. On April 6, her attorney filed a notice of appearance, and on April 9, he

filed her declaration.

The Court held a pretrial hearing on April 19, where the parties agreed to a June 8

trial date. On May 21, Ms. Ruggieri filed medical records from Dr. Joyner, and on May

24, Amazon filed its pre-hearing brief.

On May 28, Amazon moved for a continuance to obtain an employer’s examination

and depose Dr. Joyner.

As grounds, Amazon argued that the hearing request was improper because the

declaration was not filed at the same time. Tennessee Compilation Rules and Regulations

0800-02-21-.15(1) reads, “A request for expedited hearing must be accompanied by an

affidavit or a T.R.C.P. Rule 72 declaration[.]” However, the Appeals Board has held, “In

the context of the regulation addressing expedited hearings, we conclude that

‘accompanied by’ contemplates that the supporting documentation is to be filed in

association with the request for hearing and does not necessarily require the documentation

to be filed concurrently or contemporaneously with the request for hearing.” Smith v. La-

Z-Boy, 2017 TN Wrk. Comp. App. Bd. LEXIS 52, at *9-10 (Aug. 31, 2017).

Amazon additionally argued that Dr. Joyner’s medical records were not filed with

the Court with the request for expedited hearing as required by the rules. The Court is

unpersuaded, applying the same logic from Smith: “accompanied by” does not necessarily

require the documentation to be filed concurrently or contemporaneously with the hearing

request. Moreover, the April record recommending surgery did not exist when she filed

her request. Once Ms. Ruggieri’s attorney became involved in the case, he disclosed

records as they were received.

Amazon additionally contends that it did not have the opportunity to question and/or

cross-examine Dr. Joyner regarding his findings and opinions, and it would like to obtain

an employer’s examination.

The Court rejects these arguments. Amazon received Dr. Joyner’s records on May

21. Amazon has been aware of compensability and medical causation as issues in this case

since at least February 2. Its attorney voiced no concerns regarding the need for an

employer’s examination at the pretrial hearing, where she agreed to the June 8 hearing date.

The Appeals Board has reminded, “trial courts have been charged with controlling

the pace of litigation through the use of supervision and docket management which will

ensure efficient disposition of civil cases.” Smith v. The Newman Grp., LLC, 2015 TN

Wrk. Comp. App. Bd. LEXIS 30, at *9 (Sept. 21, 2015). Here, the Court finds no good

cause to continue the hearing. See Tenn. Comp. R. and Regs. 0800-02-21-.11(8) (August,

2019).

Findings of Fact and Conclusions of Law

At an expedited hearing, Ms. Ruggieri must show that she is likely to prevail at a

hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1) (2020); McCord v.

Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar.

27, 2015).

Notice

Notice is the threshold issue in this case. When lack of notice is raised as a defense,

the burden is on the employee to show that notice was given, the employer had actual

notice, or the failure to give notice was reasonable under the circumstances. Hosford v.

Red Rover Preschool, 2014 TN Wrk. Comp. App. Bd. LEXIS 1, at *15 (Oct. 2, 2014).

The Workers’ Compensation Law provides that an injured employee “shall,

immediately upon the occurrence of an injury, or as soon thereafter as practicable, give . .

. to the employer who has no actual notice, written notice of the injury . . . within fifteen

(15) days after the occurrence of the accident, unless reasonable excuse for failure to give

the notice is made to the satisfaction of the tribunal[.]” Tennessee Code Annotated section

50-6-201(a)(1).

Further, “[n]o defect or inaccuracy in the notice shall be a bar to compensation,

unless the employer can show, to the satisfaction of the workers’ compensation judge . . .

that the employer was prejudiced by the failure to give the proper notice, and then only to

the extent of the prejudice.” Id. at § 50-6-201(a)(3). In addition, “The notice shall be given

personally to the employer or to the employer’s agent or agents having charge of the

business at which the injury was sustained by the employee.” Id. at § 50-6-201(a)(4).

Here, Ms. Ruggieri credibly testified that she gave notice of her injury to Donna on

May 9 and Ruchika on May 19. Her understanding of their roles, their job titles of learning

ambassador, shift lead, and line lead, and their vests setting them apart from other workers,

caused Ms. Ruggieri to reasonably believe they had “charge” to assist her. The statute

makes no distinction regarding actual supervision at the time of the injury or report. When

Donna and Ruchika did not complete paperwork to initiate the claim, Ms. Ruggieri called

Amazon’s “Dial-a-Doc” on May 22 and notified her shift manager on May 25 and

completed a written first report. Amazon did not contravene this testimony.

The Court finds the conversations with Donna and Ruchika provided notice within

the statutory fifteen days. She contacted “Dial a Doc” and ultimately gave the shift

manager, Trevia, written notice. The Court finds the conversations with Donna and

Ruchika were a reasonable excuse for the failure to give written notice within fifteen days.

Amazon argued it was prejudiced by Ms. Ruggieri’s failure to give timely notice.

The Court disagrees. The notice requirement contained in the statute “exists so that an

employer will have an opportunity to make a timely investigation of the facts while still

readily accessible, and to enable the employer to provide timely and proper treatment for

an injured employee.” Hosford, at *15.

On this record, the Court finds no prejudice to Amazon. Amazon argued, without

medical proof, that Ms. Ruggieri working in the days immediately after her injury, rather

than receiving medical treatment, likely worsened her alleged injury. However, “parties

and their lawyers cannot rely solely on their own medical interpretations of the evidence

to successfully support their arguments.” Lurz v. Int’l Paper Co., 2018 TN Wrk. Comp.

App. Bd. LEXIS 8, at *16 (Feb. 14, 2018). Moreover, Amazon provided immediate

emergency treatment on May 25, the same day Ms. Ruggieri told Trevia that she was

injured. Amazon offered no proof of how a delay in treatment from May 5 through May

25 hampered its investigation. Ms. Ruggieri filed her petition last September. From that

point forward, Amazon has been able to engage in formal discovery, including taking her

deposition, but it has not.

In sum, the Court holds that Ms. Ruggieri has satisfied her burden. She has shown

she is likely to prevail at a hearing on the merits that Amazon had timely notice and that

she had a reasonable excuse for her failure to give timely written notice.

Injury arising primarily from employment

Next, Ms. Ruggieri must show that she suffered an “injury” as defined in the

Workers’ Compensation Law.

Tennessee Code Annotated section 50-6-102(14) defines “[i]njury” to mean “an

injury by accident . . . arising primarily out of and in the course and scope of employment,”

that causes the need for medical treatment. An injury “arises primarily out of and in the

course and scope of employment” only if it has been shown by a preponderance of the

evidence, and to a reasonable degree of medical certainty, that the employment

“contributed more than fifty percent” in causing the injury, considering all causes. Id. at §

50-6-102(14)(B)-(C).

As to the above definition and medical causation, the Court finds that Dr. Joyner

gave the opinion that “within a reasonable degree of medical certainty and considering all

causes,” Ms. Ruggieri’s shoulder condition is “more than 50% related to her on the job

injury at Amazon in May of 2020.” He explained the injury was “[l]ikely secondary to

lowering a heavy box from an overhead position,” which coincides with Ms. Ruggieri’s

description of how she became injured. Moreover, Dr. Nevels, an authorized treating

physician, completed a form at Amazon’s request where he checked a box characterizing

the injury as “work-related.” Amazon offered no contrary medical proof.

While neither doctor used the complete statutory definition in their opinions, their

word choice comes very close. A physician need not use particular words or phrases

included in the statutory definition of “injury” to show the requisite medical proof to

succeed at trial, but rather what is necessary is sufficient proof from which the trial court

can conclude that the statutory requirements of an injury as defined in section 50-6-102(14)

are satisfied. Panzarella v. Amazon.com, Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 30,

at *13-15 (May 15, 2017) (Emphasis in original). In addition, Dr. Nevels’s opinion that

Ms. Ruggieri’s injury is “work-related” is presumed correct. See Tenn. Code Ann. § 50-

6-102(14)(E) (The causation opinion of a physician chosen from a panel is presumed

correct). The Court concludes that Ms. Ruggieri is likely to show at a hearing on the merits

that she suffered an injury arising primarily from employment.

Requested relief and Compliance Program referrals

Ms. Ruggieri has requested that the Court designate Dr. Joyner as the authorized

treating physician and order payment of past medical bills.

The Appeals Board has written, “It is a fundamental tenet of Tennessee workers’

compensation law that an employer is responsible for furnishing an injured worker ‘such

medical and surgical treatment . . . made reasonably necessary by accident as defined in

this chapter.’” Barrett v. Lithko Contracting, 2016 TN Wrk. Comp. App. Bd. LEXIS 93,

at *5 (Dec. 8, 2016), citing Tenn. Code Ann. § 50-6-204(a)(1)(A). Further, “[a]n employer

who elects to deny a claim runs the risk that it will be held responsible for medical benefits

obtained from a medical provider of the employee’s choice and/or that it may be subject to

penalties for failure to provide a panel of physicians and/or benefits in a timely manner.”

Barrett, at *8.

Applying these principles, Dr. Nevels referred Ms. Ruggieri to Dr. Joyner three

times, on June 15, 22 and 29. “In circumstances where an authorized physician has referred

the injured worker to a particular specialist, ‘[t]he employer shall be deemed to have

accepted the referral, unless the employer, within three (3) business days, provides the

employee a panel of three (3) or more independent reputable physicians.’” Barrett, at *6,

citing Tenn. Code Ann. § 50-6-204(a)(3)(A)(ii). Amazon ignored the referrals and this

clear statutory pronouncement, and it failed to either offer a timely panel of orthopedists

or authorize treatment with Dr. Joyner. Amazon took a deliberate risk, and now it must

bear the consequences.

The Court orders that Amazon provide medical benefits with Dr. Joyner as the

authorized treating physician and shall authorize any recommended treatment. As to

previously incurred expenses, Ms. Ruggieri has not shown entitlement on this record, and

the request is denied at this time.

Ms. Ruggieri additionally sought temporary disability benefits for four days after

the injury. Amazon correctly argued that the Workers’ Compensation Law does not allow

compensation for the first seven days of injury. Tenn. Code Ann. § 50-6-205(a).

Ms. Ruggieri also requested temporary benefits from April 23 to the present, and

ongoing. To receive temporary total disability benefits, an employee must prove (1) total

disability from working as the result of a compensable injury; (2) a causal connection

between the injury and the inability to work; and (3) the duration of the period of disability.

Shepherd v. Haren Constr. Co., Inc., 2016 TN Wrk. Comp. App. Bd. LEXIS 15, at *13

(Mar. 30, 2016). Here, Amazon argued that Ms. Ruggieri did not offer proof that Dr.

Joyner took her off work, post-surgery. The Court agrees. On this record, she has not

shown “total disability,” so she is not likely to prevail on her request for temporary

disability benefits at this time.

She further seeks attorney fees. Tennessee Code Annotated section 50-6-226(d)(1)

states that the court may award fees when the employer “[w]rongfully denies a claim[.]”

A decision to award attorney’s fees at an interlocutory stage of a case should be made “only

in extremely limited circumstances.” Travis v. Carter Express, Inc., 2019 TN Wrk. Comp.

App. Bd. LEXIS 25, at *10 (June 24, 2019) (Emphasis in original). Further, when an

employer denies a claim or refuses to initiate benefits “based on a reasonable interpretation

of the facts available to it at the time the claim is denied, even if that denial is later found

to be wrongful, the court should delay an award of attorney’s fees until the litigation has

run its course and there is no longer a question as to the compensability of the claim[.]” Id.

at *14.

Considering these legal principles, the Court finds it appropriate to delay a fee award

until this case has run its course and compensability is no longer a question. In light of

Amazon’s intention to obtain an employer’s examination and to depose Dr. Joyner, the

compensability of the claim remains a viable issue for the compensation hearing.

As a final matter, the Court refers this case to the Compliance Program to investigate

and potentially penalize Amazon for the following.

◼ Tennessee Compilation Rules and Regulations 0800-02-01-.06(8) (May, 2018)

provides that where “the authorized treating physician, selected by the employee

from an initial panel, refers the employee for specialized care, the employer shall

be deemed to have accepted the referral, unless the employer, within three (3)

business days, provides a panel of three (3) or more independent reputable . . .

specialty practice groups to the employee[.]” The Court finds that Amazon did

not accept Dr. Nevels’s referrals to Dr. Joyner to assume treatment, nor did it

offer a panel of orthopedists.

◼ Tennessee Compilation Rules 0800-02-14-.04(6) (August, 2018) states that

“Decisions on compensability shall be made by the adjusting entity within

fifteen (15) calendar days of the verbal or written notice of injury.” The Court

finds that Amazon received notice of Ms. Ruggieri’s alleged injury in May, but

it denied the claim raising a notice defense on July 2, after the fifteen-day

timeframe.

IT IS, THEREFORE, ORDERED AS FOLLOWS:

1. Amazon shall provide medical benefits with Dr. Kyle Joyner as the authorized

treating physician. It shall promptly pay any bills incurred for treatment provided

on or after the date of this order.

2. This case is set for a status hearing on September 13, 2021, at 9:00 a.m. Central

Time. You must dial 615-532-9552 or 866-943-0025 toll-free. Failure to call might

result in a determination of the issues without your participation.

3. This case is referred to the Compliance Program for consideration of the imposition

of penalties regarding Amazon’s failures to timely authorize treatment with a

referral physician or to offer a panel of specialists, and to make a decision on

compensability within fifteen days of notice of the injury.

4. Unless 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). The

Insurer or Self-Insured Employer must submit confirmation of compliance with this

Order to the Bureau by email to WCCompliance.Program@tn.gov no later than the

seventh business day after entry of this Order. Failure to submit the necessary

confirmation within the period of compliance may result in a penalty assessment for

non-compliance. For questions regarding compliance, please contact the Workers’

Compensation Compliance Unit by email at WCCompliance.Program@tn.gov.

ENTERED June 16, 2021.

________________________________________

JUDGE KENNETH M. SWITZER

Court of Workers’ Compensation Claims

Appendix

Evidence:

1. Ms. Ruggieri’s Declaration and attachments (Ex. B for identification only)

2. Employee’s Medical Records

3. Medical bills, Dr. Joyner (Identification only)

4. First Report of Injury

5. Associate First Report of Injury

6. (Withdrawn by the parties’ agreement)

7. Notice of Denial

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice and Employer’s additional issues

3. Request for Expedited Hearing

4. Pretrial Hearing Order

5. Employer’s Response to Hearing Request

6. Motion to Continue

7. Employee’s Response to Motion to Continue

Stipulation:

Ms. Ruggieri’s average weekly wage is $823.68, and her compensation rate is $549.12 for

purposes of this hearing, subject to modification by agreement of the parties or order of the

court, until a wage statement is filed.

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on June 16, 2021.

Name Certified Regular Email Sent to

Mail mail

J. Allen Brown, X allen@jallenbrownpllc.com

employee’s attorney

Kristen Stevenson, X Kcstevenson@mijs.com

employer’s attorney telett@mijs.com

ssshell@mijs.com

Compliance X WCCompliance.Program@tn.gov

Program

_______________________________________

Penny Shrum

Clerk, Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

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

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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