                                                                                               FILED
                                                                                             Feb 05, 2020
                                                                                             01:40 PM(CT)
                                                                                           TENNESSEE COURT OF
                                                                                          WORKERS' COMPENSATION
                                                                                                 CLAIMS




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

Tanya Amaya,                                              )   Docket No. 2019-06-1559
          Employee,                                      )
v.                                                       )
Sims Recycling Solutions, Inc.,                           )   State File No. 21507-2018
             Employer,                                   )
And                                                      )
Travelers Indem. Co. of Conn.,                            )   Judge Kenneth M. Switzer
            Carrier.                                     )


                                   EXPEDITED HEARING ORDER


        The Court scheduled an expedited hearing on Ms. Amaya s r quest to take place
on February 4, 2020. 1 At that hearing, the parties announced they reached several
agreements, which they placed on the record and discussed with the Court. They agreed
as follows:

           • Ms. Amaya is self-represented at this time.
           • Sims Recycling previously offered three valid panels (Exhibit 1) from which
             Ms. Amaya chose authorized physicians.
           • Ms. Amaya hurt her right shoulder but now believes she injured the other
             shoulder as well from favoring it due to the injury.
           • A previous authorized treating physician treating her shoulder, Dr. Garside,
             declined to see Ms. Amaya again, so Sims Recycling offered another panel
             (Exhibit 2) from which Ms. Amaya shall select a physician to offer a second
             opinion and/or treat the shoulders.
           • Ms. Amaya shall return the panel form to counsel for Sims Recycling so his
             client can schedule an appointment.
           • Because Sims offered the relief Ms. Amaya requested, an expedited hearing is
             unnecessary.
           • Sims Recycling filed a motion to dismiss immediately before the hearing,

1
    Sims provided a certified court interpreter at the hearing.

                                                         1
       arguing that Ms. Amaya did not respond to written discovery. Ms. Amaya
       expressed an understanding that whether or not she retains an attorney, she
       must respond to the discovery.

   Under these circumstances, the Court orders the following:

1. Upon receipt of the signed panel-selection form, Sims Recycling shall promptly
   schedule an appointment with the chosen physician.

2. Ms. Amaya shall provide written discovery responses to Sims Recycling's
   attorney on or before February 18, 2020. Should she fail to do so, the Court
   might dismiss her case with prejudice to its refiling.

3. The Court schedules a status conference on April 13 at 9:30 a.m. Central time.
   You must dial 615-532-9552 or 866-943-0025 toll-free to participate. Failure
   to call at the designated time might result in a determination of the issues without
   your participation. The Court will also hear Sims Recycling's Motion to Dismiss
   at that time.

4. Ms. Amaya may contact an ombudsman at 1-800-332-2667 for assistance with
   preparing her responses to written discovery and the motion to dismiss and/or if
   she has procedural questions about her case.

5. Should the parties reach a full, final settlement before the next hearing, they shall
   notify the Court's staff attorney, Jane Salem (615-770-1709 or
   jane.f.salem@tn .gov), and prepare the appropriate documents to seek settlement
   approval.

   ENTERED February 5, 2020.




                               Court of Workers' Compensa ·on Claims




                                         2
                          CERTIFICATE OF SERVICE

      I certify that a copy of the Expedited Hearing Order was sent as indicated on
February 5, 2020.

Name                      Certified Regular   Email   Sent to:
                          Mail      Mail
Ms. Amaya, self-             X                        232 Clipper Ct.
represented employee                                  Nashville TN 37211
Chip Storey, employer's                         X     cstoreyj @travelers.com
attorney                                              teiohnso@travelers.com



                                      __&              ).tUk-'
                                      Penny   Sh~Cierk of Court
                                      Court of Workers' Compensation Claims
                                      WC.CourtClerk@tn.gov




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