Full Opinion

FILED Nov 05, 2026 01:29 PM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT GRAY SAM MIRZA, Docket No. 2026-20-1415 Employee, v. WESTERN LOGISTICS, State File No. 12616-2026 Employer, and SUNZ INSURANCE COMPANY, Judge Brian K. Addington Carrier. EXPEDITED HEARING ORDER The Court heard Sam Mirza’s request for benefits during an October 28, 2026 expedited hearing. Western asked the Court to deny his request for various reasons including late notice and credibility. The main questions involve meeting the definition of injury and notice. For the reasons below, the Court holds that Mr. Mirza is not entitled to the requested benefits at this time. Claim History Mr. Mirza started work as a driver trainee for Western in November 2025. A coworker, Nicholas Caines, rode with him as his trainer. They were dispatched out of Nashville to deliver a load to the northern states. Mr. Mirza testified that sometime in the morning of November 18-20, he stepped off the truck and injured his elbow and foot. He did not recall the location of the incident other than it took place in Massachusetts or Rhode Island. His trainer did not witness the incident. He told the trainer, who gave him a phone number to report the injury. Western previously supplied Mr. Mirza that information when he began employment, and he signed off that he received it. However, he did not realize he had it. 1 Phone records showed that Mr. Mirza called his manager, Connor Hawkins, on November 19 for one minute. Mr. Hawkins did not remember the call. Mr. Mirza stated that he did not call the day he was injured, but the following day. At his deposition, he testified that he was injured on November 19, but in his affidavit, he stated his injury occurred on or about November 20, and he called his manager. Mr. Mirza testified that Mr. Hawkins gave him another number to contact a nurse, so he called and left a message, but no one ever called him back. However, Mr. Hawkins testified that when he receives notice of an injury, he files a report, which he did not do in Mr. Mirza’s case. Thus, he contended that Mr. Mirza did not report an injury to him as alleged. Mr. Hawkins acknowledged that he called Mr. Mirza on December 1 for one minute, but neither party remembered what was discussed. In December 2025, Mr. Mirza voluntarily resigned for personal reasons. On January 16, 2026, Mr. Mirza contacted Western about his injury. Mr. Hawkins asserted this was the first time Mr. Mirza reported the injury to him. Western then began to process his workers’ compensation claim and provided benefits until it denied his claim. Mr. Mirza texted his trainer at some point and asked him if he remembered when and where he was injured. Mr. Mirza asserted that he presented sufficient evidence to prove that he gave notice to Western within 15 days of his injury. Western argued that he gave notice in January 2026, well after 15 days from his injury. Findings of Fact and Conclusions of Law Mr. Mirza must show a likelihood of prevailing at a hearing on the merits that he is entitled to benefits. Tenn. Code Ann. § 50-6-239(d)(1) (2025); McCord v Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). An injured worker must prove he suffered an injury caused by a specific incident arising primarily out of his employment identifiable by time and place of occurrence. Tenn. Code Ann. § 50-6-102(12)(A). He must also give written notice of that injury to his employer and include the time and place of the injury. Id. § 50- 6-201(c)(1). Any defects in the written notice are not a bar to compensation unless Western can show prejudice, and then only to the extent of the prejudice. Id. § 50- 2 6-201(c)(2). Based on the evidence Mr. Mirza presented, he is unlikely to succeed at a hearing on the merits of proving an accidental injury and providing proper notice. First, Mr. Mirza did not know the date of his injury. It could be as early as November 18, 2025, if as Mr. Mirza testified, he waited a day before he called Mr. Hawkins. It could also be as late as November 19 or 20 according to his deposition or affidavit. The evidence showed that he did not know, which is confirmed by his text to his trainer asking him when and where the accident happened. Thus, the Court cannot establish a specific date of injury, and Mr. Mirza is unlikely to succeed at a compensation hearing on the issue. Second, Mr. Mirza did not know where the injury happened. In his deposition, he stated Massachusetts or Rhode Island. But, again, his text message to his trainer confirmed he did not know the location of injury. Thus, the evidence is not sufficient to show he is likely to succeed at a compensation hearing in proving the place of injury. Because of the lack of specificity, the Court cannot determine that Mr. Mirza gave notice within 15 days of his injury. Mr. Mirza did not provide written notice, but the record contained an outgoing call from him to Mr. Hawkins on November 19 and an incoming call to him from Mr. Hawkins on December 1. Mr. Mirza testified that he called Western to report the injury, so the December 1 incoming call is not relevant. However, the Court finds that Mr. Hawkins’s version of events is more plausible, as he started the claim in January when Mr. Mirza contacted him. Further, because the notice statute requires Mr. Mirza to supply the date and place of the injury, which he has not done, Western is prejudiced in trying to obtain specific evidence of the time and place of his injury. So, he is unlikely to succeed at a compensation hearing in proving he gave proper notice. THEREFORE, IT IS ORDERED AS FOLLOWS: 1. Mr. Mirza’s request for benefits is denied at this time. 2. This case is set for a status conference on January 25, 2027, at 10:00 a.m. Eastern Time. The parties are to call 855-543-5044 to attend the conference. 3 ENTERED November 5, 2026. Brian K. Addington ____________________________________ JUDGE BRIAN K. ADDINGTON Court of Workers’ Compensation Claims APPENDIX Exhibits:1 1. Affidavit of Sam Mirza 2. Text Messages 3. Employer’s collective exhibit a. Western Express policies and practices b. Mr. Mirza’s signed acknowledgement c. Mr. Mirza’s responses to first set of Requests for Admissions d. Mr. Mirza’s deposition transcript e. Mr. Mirza’s phone records f. Correspondence g. Medical Records h. First Report of Injury i. Employment records j. Mr. Mirza’s interrogatory responses 1 Western questioned Mr. Mirza to impeach him with previous convictions and/or bad acts. The Court sustained an objection to the question but allowed Western to make an offer of proof. 4 CERTIFICATE OF SERVICE I certify that a copy of this order was sent as shown on November 5, 2026. Name Email Service sent to: Christopher Markel, X cmarkel@markelfirm.com Employee’s Attorney jdickey@markelfirm.com Allen Grant, Ryann X agrant@hrslawga.com Freemon, Employer’s rfreemon@hrslawga.com Attorneys _______________________________ PENNY SHRUM, COURT CLERK wc.courtclerk@tn.gov 5 Right to Appeal: If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation Appeals Board. To do so, you must: 1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the Court of Workers’ Compensation Claims before the expiration of the deadline. ¾ If the order being appealed is “expedited” (also called “interlocutory”), or if the order does not dispose of the case in its entirety, the notice of appeal must be filed within seven (7) business days of the date the order was filed. ¾ If the order being appealed is a “Compensation Order,” or if it resolves all issues in the case, the notice of appeal must be filed within thirty (30) calendar days of the date the Compensation Order was filed. When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney, if represented). 2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an Affidavit of Indigency (form available on the Bureau’s website or any Bureau office) seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will result in dismissal of your appeal. 3. You are responsible for ensuring a complete record is presented on appeal. If no court reporter was present at the hearing, you may request from the Court Clerk the audio recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your appeal, which the Appeals Board has emphasized is important for a meaningful review of the case, a licensed court reporter must prepare the transcript, and you must file it with the Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board, and you will receive notice once it has been submitted. For deadlines related to the filing of transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.) 4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits it to the Appeals Board, a docketing notice will be sent to the parties. If neither party timely files an appeal with the Appeals Board, the Court Order becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders). For self-represented litigants: Help from an Ombudsman is available at 800-332-2667. 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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗ ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________ ප Compensation Order filed on__________________ ප 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