                                                                                 FILED
                                                                               Jul 10, 2019
                                                                              01:13 PM(CT)
                                                                            TENNESSEE COURT OF
                                                                           WORKERS' COMPENSATION
                                                                                  CLAIMS




          TENNESSEE BUREAU OF WORKERS' COMPENSATION
         IN THE COURT OF WORKERS' COMPENSATION CLAIMS
                          AT NASHVILLE

Maikel Reazkallah,                          )    Docket No. 2018-06-2210
           Employee,                        )
v.                                          )
Imperial Guard & Detective Service,         )    State File No. 80107-2018
Inc.,                                       )
           Employer,                        )
And                                         )
Zurich American Insurance Company,          )    Judge Kenneth M. Switzer
           Carrier.                         )


                          EXPEDITED HEARING ORDER


       The Court held a hearing on Maikel Reazkallah's request for medical and
temporary disability benefits on July 9, 20 19. By agreement of the parties, the Court
orders that Imperial Guard & Detective Service, Inc. pay a medical bill for emergency
care and offer Mr. Reazkallah a panel of physicians. However, Mr. Reazkallah is not
entitled to temporary disability benefits at this time.

                                    History of Claim

       On April 21, 20 18, Mr. Reazkallah was assaulted while working for Imperial as a
security guard. He injured his right hand and left knee during the altercation. Afterward,
Mr. Reazkallah sought emergency treatment, where providers recommended he undergo
follow-up treatment "with US HealthWorks or another doctor selected by his workers'
comp plan." Mr. Reazkallah did not seek additional treatment. He testified that he asked
his supervisor to return to a doctor, but the request was denied. Mr. Reazkallah stated his
knee still hurts and makes it difficult for him to stand for long periods of time.

      Imperial accepted Mr. Reazkallah's claim and paid for some of Mr. Reazkallah's
emergency care. Mr. Reazkallah requested payment of a bill from Doverside Emergency
Physicians, LLC. Imperial agreed to pay the outstanding bill and to provide a panel of
physicians for additional treatment.

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       Regarding his request for lost wages, Mr. Reazkallah testified that after the
accident, Imperial changed his job duties and assignments and later cut his hours, all in
an attempt to make him quit. Mr. Reazkallah also stated that a manager, "Sammy,"
harassed him because of his religion.         On cross-examination, Mr. Reazkallah
acknowledged that the post-accident changes in his work conditions were not due to his
workers' compensation claim but rather religious differences. Imperial terminated him in
May 2018.

                       Findings of Fact and Conclusions of Law

        At an expedited hearing, Mr. Reazkallah must present sufficient evidence to prove
he is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1)
(2018).

       Mr. Reazkallah requested temporary partial disability benefits. He is eligible for
these benefits if he earned less than his average weekly wage due to work restrictions.
See Tenn. Code Ann. § 50-6-207(2)(A). Mr. Reazkallah agreed that the changes in his
work conditions were not due to his injury or work restrictions but rather the tension
between him and his manager due to their different religious beliefs. Therefore, the
Court holds Mr. Reazkallah is not likely to prevail at a hearing on the merits and denies
his request.

IT IS, THEREFORE, ORDERED AS FOLLOWS:

       1. Imperial shall offer a panel of orthopedists from which Mr. Reazkallah shall
          select a physician to treat his knee.

       2. Imperial shall pay the Doverside Emergency Physicians bill.

       3. The Court denies Mr. Reazkallah's request for temporary disability benefits at
          this time.

       4. This case is set for a status hearing on August 26, 2019, at 9:30 a.m. Central.
          You must call 615-532-9552 or toll-free at 866-943-0025 to participate in the
          Hearing. Failure to call might result in a determination of issues without your
          participation.

       5. 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

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         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        v1a      email         at
         WCCompliance.Program@tn. gov.

      ENTERED July 10, 2019.




                                     APPENDIX

Exhibits:
   1. Affidavit
   2. First Report of Injury
   3. Medical records
   4. Doverside Emergency Physicians bill
   5. Carrier's proof of payment of medical bills
   6. Mr. Reazkallah's deposition transcript

Technical Record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. Request for Expedited Hearing
   4. Employer's Position Statement




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                           CERTIFICATE OF SERVICE

       I certify that a copy of the Expedited Hearing Order was sent as indicated on July
10, 2019.

          Name             Certified   Email       Service sent to:
                           Mail
Maikel Reazkallah,            X          X         5161 Rice Road, Apt. 261,
Employee                                           Antioch TN 37013
                                                   Maikel.reazkallahcmvahoo.com
 David Weatherman,                       X         David. Weatherman@zurichna.com;
 Employer's Attorney                               Christi.thomas@zuricbna.com




                                            &
                                         Penny~
                                                ~UN-- '
                                                      Clerk of Court
                                         Court of Workers' Compensation Claims
                                         WC.CourtClerk@tn.gov




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