                                                                                        FILED
                                                                                      Nov 12, 2019
                                                                                     07:15 AM(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 DENYING REQUESTED RELIEF


       The Court held an expedited hearing on November 7, 2019. Maikel Reazkallah
seeks treatment for his legs and temporary partial disability benefits from his former
employer, Imperial Guard & Detective Service. The Court finds he failed to satisfy his
burden of proof on both issues and denies the requested relief at this time.

                                      History of Claim

      This is Mr. Reazkallah's second expedited hearing in this case. 1 On April 21,
2018, Mr. Reazkallah was assaulted while working for Imperial as a security guard.
Imperial provided authorized treatment with Dr. Michael Ladouceur.

        The parties dispute the extent of his injuries from the assault. Mr. Reazkallah
testified that the assailant hurt both legs and that a video of the incident shows this, but he
did not introduce the video into evidence. He also stated that he reported pain in both
legs at his last visit with Dr. Ladouceur, but the doctor said he was authorized only to
treat his left knee.

1
 The Court previously ordered Imperial to pay a medical bill from Doverside Emergency Physicians,
LLC. The bill remains unpaid. Mr. Reazkallah must inform the provider to bill the carrier, Zurich
American Insurance Company.

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        At the previous expedited hearing, Mr. Reazkallah testified that he injured his
right hand and left knee during the altercation. He made no mention of an injury to his
right leg. At a later discovery deposition, Mr. Reazkallah testified that he was hit in the
face and head, and that the assailant bit his hand. He also stated the assailant "start[ ed]
hitting me in the leg," but he did not specify which leg. He said the emergency providers
treated his hand, head and "leg." The Court carefully reviewed the deposition for any
references to a right-leg injury and found none.

       According to the medical records, he reported that he "struck his left knee" to
emergency providers, who noted "[ m]ild pain with range of motion of the left knee where
there is an abrasion . . . otherwise his extremities have no tenderness or deformity or
other sign of trauma." They x-rayed the left knee only and diagnosed a left-knee sprain.
Dr. Jacob Radford completed an April21, 2018 Return to Work Form with restrictions to
the "left leg." Mr. Reazkallah did not introduce Dr. Ladouceur's records other than
fonns placing restrictions.

       Regarding his request for temporary partial disability benefits, Mr. Reazkallah
introduced a Work Status Form from Advanced Ortho and Spine dated October 23, 2019,
that recommends he stand for fifty minutes and sit for ten minutes every hour. Per the
previous Expedited Hearing Order, Imperial terminated Mr. Reazkallah in May 2018, and
Mr. Reazkallah agreed that events leading to his dismissal were unrelated to his workers'
compensation claim.

        Mr. Reazkallah now works for Allied Universal Security and Rock Solid. He
testified that his pay rate changes depending on where Allied assigns him, but he offered
no documentary proof of his wages. Mr. Reazkallah stated that before receiving
restrictions, he worked eighty hours per week but now works approximately forty hours
weekly. He also said that physical therapy limited his assignments and resulted in him
earning less money.

        Imperial argued that the only evidence that Mr. Reazkallah injured his right leg in
the assault is his recent testimony. It further contended that his termination was for
cause, and that, but for the termination, it would have accommodated Mr. Reazkallah's
restrictions. Imperial raised the termination defense in closing argument and offered no
testimony on this issue.

                       Findings of Fact and Conclusions of Law

       At an expedited hearing, Mr. Reazkallah must present sufficient evidence to prove
he would likely prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1)
(2019).

       To receive medical benefits, Mr. Reazkallah must show that he suffered a right-leg

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injury arising primarily out of and in the course and scope of his employment. Tenn.
Code Ann. § 50-6-102(14). As the Supreme Court stated, "[t]he nature and extent of the
employee's injuries, and the issue of medical causation, usually come to light in the
course of treatment ofthe employee's injuries." Quaker Oats Co. v. Smith, 574 S.W.2d
45, 48 (Tenn. 1978).

       Here, Mr. Reazkallah suffered an injury on April 21, 2018, and sought treatment
that same day. He did not report an injury to his right leg. Dr. Radford examined Mr.
Reazkallah and diagnosed mild pain with range of motion in his left knee but noted "no
tenderness or deformity or other sign of trauma" in any of his other extremities. Mr.
Reazkallah also did not testify to right-leg pain at the previous expedited hearing.

       At the present hearing, he testified that the right leg needs treatment but did not
introduce any medical records documenting complaints of pain or other symptoms. Mr.
Reazkallah claimed that a video of the assault would show he injured both legs, but he
did not introduce it.

        In sum, the only proof the Court has that he injured his right leg is Mr.
Reazkallah' s testimony. The Court finds his testimony insufficient to succeed at a
hearing on the merits in proving a right-leg injury in light of the dearth of evidence
supporting this assertion in the medical records and lack of testimony alleging this injury
at the previous expedited hearing. His request for treatment of the right leg is denied.

        Mr. Reazkallah also requested temporary partial disability benefits. Temporary
partial disability refers to the time, if any, during which the injured employee is able to
resume some gainful employment but has not reached maximum recovery. Hackney v.
Integrity Staffing Solutions, Inc., 2016 TN Wrk. Comp. App. Bd. LEXIS 29, at *11 (July
22, 2016). In all cases oftemporary partial disability, the compensation shall be sixty-six
and two-thirds percent of the difference between the average weekly wage of the worker
at the time of the injury and the wage the worker is able to earn in the worker's partially
disabled condition. Tenn. Code Ann. § 50-6-207(2)(A).

       Mr. Reazkallah's only evidence on this issue was his testimony about his reduced
earnings. He testified about varying hourly rates depending on his assignments, that he
has missed work at times due to physical therapy, and that his recent restrictions keep
him from working as much as before. But he did not provide specifics about how much
he earned before or after the injury. He also introduced no wage stubs or other
documentary proof demonstrating a wage reduction. Further, he agreed at the previous
expedited hearing that his work injury was unrelated to Imperial's decision to terminate
him. For these reasons, the Court holds Mr. Reazkallah would not likely prevail at a
hearing on the merits on this issue and denies this request at this time.



                                             3
IT IS, THEREFORE, ORDERED AS FOLLOWS:

       1. Mr. Reazkallah's requested relief is denied.

      2. This case is set for a status hearing on January 28, 2020, at 10:00 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.

      ENTERED November 12,2019.




                                  Court of Workers' Compensatio

                                      APPENDIX

Exhibits:
   1. Affidavit, March 25,2019
   2. First Report of Injury
   3. Medical records
   4. Affidavit, September 12, 2019
   5. Work Status Form
   6. Mr. Reazkallah's deposition transcript
   7. Work Status Form, September 4, 2019
   8. Work Status Form, October 23, 2019

Technical Record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. Request for Expedited Hearing, April1, 2019
   4. Expedited Hearing Order
   5. Scheduling Hearing Order
   6. Request for Expedited Hearing, September 12, 2019
   7. Status Conference Order




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                          CERTIFICATE OF SERVICE

     I certify that a copy of the Expedited Hearing Order was sent as indicated on
November 12, 2019.

         Name            Certified Email     Service Sent to:
                         Mail
Maikel Reazkallah,          X       X        456 Cedar Park Circle
Employee                                     LaVergne TN 37086
                                             Maikel.reazkallah@vahoo.com
David Weatherman,                    X       David. Weatherman((i>~urichna.com~
Employer's Attorney                          Christi.tbomas@zurichna.com




                                     Penny
                                             &~ ffiVk-- '
                                                  Clerk of Court
                                     Court of Workers' Compensation Claims
                                     WC.Cou•·tClerk@tn.gov




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