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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

MINA SHALABI,

 Employee,

v.

)

)

)

Docket No. 2021-06-1493

State File No. 72776-2021

AMAZON.COM SERVICES, LLC

 Employer,

)

) Judge Robert Durham

And

AMERICAN ZURICH INS. CO.,

)

)

 Insurer. )

COMPENSATION HEARING ORDER

DENYING BENEFITS

The Court held a Compensation Hearing on September 22, 2023, to determine

whether Mr. Shalabi is entitled to benefits from a foot injury that allegedly occurred on 

September 14, 2021. The Court holds Mr. Shalabi did not prove by expert medical proof 

that he suffered a compensable injury and denies his claim.

History of Claim

Mr. Shalabi was struck on his left heel when a co-worker pushed a cart into him on 

September 14, 2021. He reported severe foot pain but finished his shift and worked the 

next day as well. Amazon provided initial authorized treatment with Dr. Harold Nevels.

According to his deposition, Dr. Nevels first saw Mr. Shalabi on September 16. He 

complained of left heel tenderness when Dr. Nevels pressed on it. Dr. Nevels did not 

observe any bruising, marks, or swelling, and Mr. Shalabi’s gait was normal. Despite the 

lack of objective signs, Dr. Nevels diagnosed a contusion, “which means a simple bruise 

to the skin.”

Mr. Shalabi returned to Dr. Nevels a few days later complaining of throbbing pain 

that was aggravated by “pushing off” to walk. The exam was normal, and Mr. Shalabi did 

not have a limp. Dr. Nevels noted that “the symptoms seemed out of proportion with stated 

FILED

Sep 27, 2023

09:37 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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injury.” 

Dr. Nevels saw Mr. Shalabi for the last time on September 24. Mr. Shalabi claimed 

no improvement, although, once again, Dr. Nevels did not observe any abnormalities and 

believed the pain complaints were “somewhat exaggerated.” X-rays came back negative. 

Dr. Nevels felt that Mr. Shalabi had reached maximum medical improvement and could 

return to work at full duty. He did not believe further treatment was necessary and did not 

make a specialist referral or assign permanent restrictions or an impairment rating.

In his deposition, Dr. Nevels concluded that, based on the record, a “simple bruise” 

should not cause Mr. Shalabi’s complaints. Thus, he could not say to a reasonable degree 

of medical certainty that Mr. Shalabi sustained any work-related injury on September 14.

After Dr. Nevels’s release, Mr. Shalabi continued to complain of pain, so Amazon 

authorized treatment with orthopedist Lucas Richie, M.D. In his deposition, Dr. Richie

said that Mr. Shalabi told him the cart ran directly on the back of his left ankle and foot, 

and since that time he had suffered constant, aching pain in his entire foot. His physical 

exam did not reveal any bruising, swelling, or open wounds, but Mr. Shalabi claimed every 

part of his foot was tender to touch. X-rays did not show any abnormalities that he could 

attribute to the work incident.

Dr. Richie could not explain why Mr. Shalabi should be experiencing global pain in 

his foot since it was unlikely that pain in his toes was directly related to a blow to his heel. 

He confirmed that the complaints could not be “fully attributed” to the impact and were

“out of proportion” with a collision two weeks earlier. As a result, he could not form a 

diagnosis. He could not say within a reasonable degree of medical certainty that Mr. 

Shalabi’s symptoms were due to a work-related injury.

In support of his claim, Mr. Shalabi filed a C-32 Standard Form Medical Report 

prepared by Dr. Nicholas Strasser on June 14, 2023. The report does not include Dr. 

Strasser’s records or a curriculum vitae, and it does not contain any information as to Dr. 

Strasser’s specialization, if any.

In the report, Dr. Strasser diagnosed Mr. Shalabi with a heel contusion caused by a 

strike to the back of the heel. He said the injury did not result in any disablement. He 

provided a 0% impairment and said Mr. Shalabi could return to work without restrictions. 

He checked the box indicating that Mr. Shalabi would need further medical care, but he 

did not recommend any particular treatment.

Findings of Fact and Conclusions of Law

Amazon does not dispute that Mr. Shalabi’s heel was struck by a cart on September 

14, 2021. The dispute is whether the incident resulted in an injury requiring treatment and
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temporary disability benefits, and if so, whether Mr. Shalabi is entitled to further treatment 

for his current complaints. Mr. Shalabi has the burden of proving the essential elements of 

his workers’ compensation claim by a preponderance of the evidence. Scott v. Integrity 

Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 2015).

For Mr. Shalabi’s injury to be compensable, it must be “caused by a specific 

incident, or set of incidents, arising primarily out of and in the course and scope of 

employment and is identifiable by time and place of occurrence... that causes death, 

disablement or the need for treatment ...” Tenn. Code Ann. § 50-6-102(12)(A)(2023). In 

this case, the Court holds that the September 14 collision meets the statutory definition of 

an “incident” that could give rise to a compensable injury.

However, that does not end the inquiry. Mr. Shalabi must also prove that the 

incident caused him to be disabled or need treatment. To do so, Mr. Shalabi’s testimony 

must be supported by medical proof. See Tenn. Code Ann. § 50-6-102(12)(D). He must 

show to a reasonable degree of medical certainty that the incident contributed more than 

fifty percent in causing a disability or need for treatment. Reasonable degree of medical 

certainty means “it is more likely than not considering all causes, as opposed to speculation 

or uncertainty.” Id. Upon review of the available medical proof, the Court holds that Mr. 

Shalabi has not met this burden on either point – disability or need for treatment.

Based on Mr. Shalabi’s complaints following the incident, Dr. Nevels, as authorized 

treating physician, initially provided treatment and even restricted Mr. Shalabi’s activities 

so he was unable to work for several days. However, in his deposition, Dr. Nevels noted 

that he never saw any objective signs during his exams confirming that Mr. Shalabi 

suffered any injury. Mr. Shalabi did not have any bruising, discoloration, swelling, or gait 

derangement from the alleged injury, and x-rays were negative. He also felt that Mr. 

Shalabi’s pain complaints were “out of proportion” to the stated injury. Based on these 

findings, Dr. Nevels concluded that he could not say within a reasonable degree of medical 

certainty that Mr. Shalabi sustained any injury on September 14, 2021.

Dr. Richie confirmed Dr. Nevels’s opinion when he testified that he also did not 

observe any objective signs of injury and that Mr. Shalabi’s pain complaints appeared 

exaggerated. Given these issues, he could not say that Mr. Shalabi’s current complaints 

were due to the alleged work injury either.

Mr. Shalabi provided a C-32 written medical report from Dr. Strasser stating that 

Mr. Shalabi suffered a contusion from a strike to his heel. However, the report was 

generated more than a year and a half after the alleged incident. It did not contain any 

findings on exam or an explanation for Dr. Strasser’s conclusion. It also did not describe 

Dr. Strasser’s qualifications to give such an opinion. Given these factors, the Court gives 

little weight to Dr. Strasser’s causation opinion.
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The Court holds that Mr. Shalabi has not proven by a preponderance of the evidence 

that he sustained a work-related injury on September 14, 2021, that resulted in disablement 

or the need for treatment. As a result, his request for benefits is denied. 

IT IS, THEREFORE, ORDERED THAT: 

1. Mr. Shalabi’s claim for benefits is denied. 

2. This Compensation Order constitutes a final adjudication upon the merits of Mr. 

Shalabi’s claim for benefits. 

 3. Amazon shall pay court costs of $150.00 to the Court Clerk within five business 

days of this order becoming final. 

 4. Amazon shall prepare and file with the Court Clerk a Statistical Data Form within 

ten business days of the date this order becomes final. 

 5. Absent an appeal, this order shall become final in thirty days. 

ENTERED on September 27, 2023. 

_____________________________________ 

 ROBERT DURHAM, JUDGE 

Court of Workers’ Compensation Claims 

APPENDIX 

Technical Record: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Transfer Order 

4. Amazon’s Pre-Hearing Brief 

5. Amazon’s Pre-Hearing Statement 

6. Amazon’s Witness List
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Exhibits: 

1. Expedited Hearing transcript 

2. Dr. Nevels’s deposition with attached exhibits 

3. Dr. Richie’s Deposition with attached exhibits 

4. Dr. Strasser’s Standard Form Medical Report 

5. Medical Bill (For I.D. purposes only) 

CERTIFICATE OF SERVICE 

I certify that a copy of the Order was sent as indicated on September 27, 2023. 

Name Regular 

Mail

Via 

Email

Service sent to:

Mina Shalabi X X 276 White Bridge Pike #75

Nashville, TN 37209 

Anim2000_2000@yahoo.com

Stephen Morton X Stephen.Morton@mgclaw.com

Amber.Dennis@mgclaw.com

_____________________________________ 

 PENNY SHRUM, Court Clerk 

WC.CourtClerk@tn.gov
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 

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 (check one or more applicable boxes and include the date filestamped on the first page of the order(s) being appealed):

□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________

□ Compensation Order filed on__________________ □ 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 2 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]