The opinion
FILED
Jul 20, 2023
08:04 AM(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. 2021-05-0272
Employee, )
v. )
TAYLOR FRESH FOODS, INC., ) State File Nos. 800172-2021
Employer, )
And )
ZURICH AMERICAN INS. CO. ) Judge Dale Tipps
Carrier. )
COMPENSATION HEARING ORDER DENYING BENEFITS
The Court held a Compensation Hearing on July 18, 2023, on 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 Fresh Foods, the Court holds that he is not entitled to the requested benefits.
History of Claim
Mr. Abdelshahaed claimed he cut his left forefinger with a knife while opening
boxes at Taylor Farms on November 4, 2020. He described being intentionally pushed by
his supervisor, which caused the knife to slip. Although Mr. Abdelshahaed claimed his
finger was bleeding profusely, he said Taylor Farms provided no medical treatment other
than a bandage. Not long after this incident, Taylor Farms terminated him.
After an expedited hearing in November 2022, the Court found that Mr.
Abdelshahaed had not shown he was likely to prove that the incident was the primary cause
of his current need for treatment. However, it ordered Taylor Farms to offer a panel of
physicians. Taylor Farms complied, and Mr. Abdelshahaed selected Dr. Paul Abbey, who
saw Mr. Abdelshahaed once.1
1
The parties disputed the timeframe of when the panel was provided, as well as when Mr. Abdelshahaed
made his selection. However, the date of the evaluation is not relevant to this hearing.
1
Mr. Abdelshahaed offered two medical reports in support of his claim, one from Dr.
Abbey and the other from his personal chiropractor, Dr. Larry McCoy. Both were excluded
as hearsay after Taylor Farms objected.
At the hearing, Mr. Abdelshahaed testified that he suffered nerve damage and that
his finger is now numb and useless. He requested medical treatment and disability
benefits.2
Taylor Farms contended that Mr. Abdelshahaed is not entitled to benefits because
he did not prove his injury was primarily caused by work. It also argued that he failed to
present any evidence of temporary disability or permanent impairment.
Findings of Fact and Conclusions of Law
Mr. Abdelshahaed 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). 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. He must 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. Tenn. Code Ann. § 50-6-102(12) (2022).
In this case, neither party offered any medical proof.3 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 complained that he was wrongfully terminated after his accident and incurred substantial debt
from his job loss. The Court explained that it has no authority to address these allegations. Any recourse
for those claims lies outside of the Court of Workers’ Compensation Claims.
3
Contrary to the requirements of Rules 0800-02-21-.22(3) and (4), as well as the scheduling order, both
parties also failed to file a witness list, exhibit list, or a prehearing statement.
2
IT IS, THEREFORE, ORDERED as follows:
1. Mr. Abdelshahaed’s claim is denied.
2. Taylor Fresh Foods 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 Fresh Foods 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 July 20, 2023.
_____________________________________
Judge Dale Tipps
Court of Workers’ Compensation Claims
APPENDIX
Exhibits
1. Mr. Abdelshahaed’s June 2, 2022 Rule 72 Declaration
2. Wage Statement
3. Dr. McCoy’s July 7, 2023 office note (identification only)
4. Dr. Abbey’s June 9, 2023 progress noted (identification only)
5. Screenshot of emailed medical panel
6. Employee’s November 4, 2020 incident report
7. Mr. Abdelshahaed’s July 10, 2023 Rule 72 Declaration
Technical record:
8. Petition for Benefit Determination
9. Dispute Certification Notice
10. Request for Expedited Hearing
11. Expedited Hearing Order
12. Appeals Board Opinion
13. Scheduling Order
14. Post-discovery Dispute Certification Notice
15. July 11, 2023 Motion to file Dr. McCoy’s record
16. Response of Employer/Carrier to Motion
3
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on July 20, 2023.
Name U.S. Mail Email Service Sent To
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, COURT CLERK
wc.courtclerk@tn.gov
4
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