Full Opinion

FILED Oct 20, 2026 11:35 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT NASHVILLE Nirmal Brar, Docket No. 2026-60-3987 Employee, v. Amazon.com Services, LLC, Employer, State File No. 39564-2024 and American Zurich Insurance Company, Carrier. Judge Kenneth M. Switzer EXPEDITED HEARING ORDER The Court held an expedited hearing on October 14, 2026, on Nirmal Brar’s request for medical and temporary disability benefits for an injury he suffered while working for Amazon.com Services. For the reasons below, Mr. Brar is entitled to additional treatment with Dr. John Burleson but no additional temporary disability benefits at this time. Claim History Mr. Brar injured his low back lifting heavy items at work on April 24, 2024. He described a fast-paced work environment, and he was able to do the job before the injury. The medical records are scant. Mr. Brar treated with Dr. Frank Thomas and then Dr. Burleson, who diagnosed back pain with left-sided radiculopathy and a lumbrosacral strain in July. At Mr. Brar’s request, Dr. Burleson placed him at maximum medical improvement on April 10, 2025, and released him without restrictions. Dr. Burleson did not recommend surgery at that time. Amazon stopped paying temporary disability benefits on April 14. 1 On November 10, Mr. Brar saw panel-physician Dr. Tarek Elalayli, whose notes suggest the visit was for a “second opinion with option to treat.” Dr. Elalayli diagnosed sacroiliac joint pain and assigned work restrictions, which Amazon did not accommodate. He referred him to Dr. Jeffrey Hazlewood, but Mr. Brar did not see Dr. Hazlewood for this claim. Instead, on December 12, Amazon gave Mr. Brar a panel of pain management specialists, and he chose Premier Pain and Spine Center. He saw a nurse practitioner there in February 2026, who diagnosed lumbar radiculopathy. She recommended an injection, which Mr. Brar declined, explaining that previous injections had not provided him relief. In July, Mr. Brar returned to Premier but this time saw Dr. Alex Schmidt, who ordered an MRI. Notes from this visit are silent about restrictions and medical causation. Mr. Brar underwent the MRI but testified that no follow-up appointment was set for Dr. Schmidt to review the results. Amazon offered a declaration from the claims adjuster, Lisa Mayfield, who wrote that it paid temporary disability from June 10, 2024, through April 14, 2025. She also stated: “Employer has sent Mr. Brar to a new physician to investigate preexisting injuries, impairment rating, and surgical candidacy.” Mr. Brar testified that he told the physicians about a previous back injury but said that this pain is different. He suffers debilitating pain that prevents him from working. He visibly appeared to be physically uncomfortable while in Court. Mr. Brar argued that Amazon has delayed treatment throughout his claim and he has had no income for 14 months. Amazon’s brief states that “there is no indication in Dr. Burleson’s records that he knew of these prior injuries[.]” Amazon sent Dr. Schmidt a letter seeking a causation opinion in July. That letter included a 2022 medical record from Dr. Hazlewood involving a previous injury. The causation letter does not ask if Dr. Schmidt agrees with Dr. Burleson’s rating but rather if he believes the impairment is 0%. Amazon countered that since no physician has rescinded Dr. Burleson’s maximum medical improvement pronouncement, Mr. Brar is not entitled to additional temporary disability benefits. 2 Findings of Fact and Conclusions of Law At an expedited hearing, Mr. Brar must show that he is likely to prevail at a hearing on the merits. 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). Turning first to medical benefits, on April 10, 2025, Dr. Burleson released Mr. Brar from active treatment at Mr. Brar’s request, but he remains the authorized treating physician. Amazon argued that Mr. Brar expressed dissatisfaction with Dr. Burleson, but no testimony from Mr. Brar or the adjuster supports that allegation. Amazon has authorized appointments with doctors since Mr. Brar was assigned maximum medical improvement. Ms. Mayfield explained, “Employer has sent Mr. Brar to a new physician to investigate preexisting injuries, impairment rating, and surgical candidacy.” Amazon’s brief states that “there is no indication in Dr. Burleson’s records that he knew of these prior injuries[,]” but Mr. Brar credibly testified that he told Dr. Burleson about the previous injury. Amazon’s letter seeking a causation opinion from Dr. Schmidt included a medical record of questionable relevance from Dr. Hazlewood in an attempt to sway his opinion. The letter does not ask if Dr. Schmidt agrees with Dr. Burleson’s rating but rather if he believes the impairment is 0%. Dr. Schmidt declined to give an opinion until after reviewing the MRI results. Yet, Amazon has not set a follow-up appointment. Amazon seeks a negative causation opinion under the guise of providing “second opinions”—all while not paying temporary disability benefits. Under these circumstances, the Court holds that Mr. Brar is entitled to a return visit with Dr. Burleson, which Amazon must promptly schedule. Limberakis v. Pro- Tech Sec. Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 53, at *6 (Sept. 12, 2017). As for temporary disability, the Appeals Board has repeated longstanding Tennessee law: An injured worker is eligible for temporary disability benefits if: (1) the worker became disabled from working due to a compensable injury; (2) there is a causal connection between the injury and the inability to work; and (3) the worker established the duration of the period of 3 disability. Temporary total disability benefits are terminated either by the ability to return to work or attainment of maximum recovery. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015) (Internal citations and quotations omitted). Temporary partial disability benefits are available when the treating physician places restrictions that the employer cannot or will not accommodate. See id. at *8. Here, Amazon paid benefits until Dr. Burleson placed Mr. Brar at maximum medical improvement, and for four days afterward. Since then, it appears that no one has asked any physician, including Drs. Burleson, Elalayli, or Schmidt, whether the maximum medical improvement pronouncement was premature. Likewise, no physician Mr. Brar has seen since then has stated that Mr. Brar again became totally disabled due to a work injury and causally connected his condition to work, much less stated a duration of disability. This includes Dr. Elalayli, who placed restrictions but gave no causation opinion. Dr. Schmidt, as previously stated, has not given a causation opinion. Mr. Brar testified credibly and sincerely to his disabling back pain, and the Court observed his obvious discomfort during the hearing. However, as Amazon correctly pointed out, Mr. Brar bears the burden of proof. Tenn. Code Ann. § 50-6- 239(c)(6). Therefore, on this record, Mr. Brar is not likely to show he would prevail at a hearing on the merits that he is entitled to temporary disability benefits. 4 IT IS ORDERED as follows: 1. Mr. Brar may return to Dr. Burleson for additional treatment. Amazon must immediately schedule an appointment with him and file proof of compliance with the Court Clerk within seven business days of issuance of this order. Tenn. Code Ann. § 50-6-239(d)(3). 2. Mr. Brar’s request for additional temporary disability benefits is denied at this time. 3. A status/scheduling hearing is set for December 7 at 9:45 a.m. Central Time. You must call 615-532-9552 or 866-943-0025. ENTERED October 20, 2026. ________________________________________ JUDGE KENNETH M. SWITZER Court of Workers’ Compensation Claims Appendix Exhibits 1. Rule 72 Declaration of Nirmal Brar 2. Rule 72 Declaration of Lisa Mayfield 3. Wage statement 4. Composite medical records 5 CERTIFICATE OF SERVICE I certify that a copy of this Order was sent as indicated on October 20, 2026. Regular Name Email Sent to mail Nirmal Brar, employee X X Kristen Stevenson, kcstevenson@mijs.com Lauren Gray, employer’s X lgbelik@mijs.com attorneys _______________________________________ Penny Shrum Clerk, Court of Workers’ Compensation Claims WC.CourtClerk@tn.gov 6 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