TENNESSEE BUREAU OF WORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT NASHVILLE Tanya Amaya, Employee, ) Docket No. 2019-06-1559 ) 

### v. ) Sims Recycling Solutions, Inc., Employer, ) State File No. 21507-2018 ) And ) Travelers Indem. Co. ofConn., Carrier. ) Judge Kenneth M. Switzer )

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 reliefMs. 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 

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

CLAIMSarguing 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 ofthe 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 ofWorkers' Compensa ·on Claims

2CERTIFICA TE OF SERVICE I certify that a copy of the Expedited Hearing Order was sent as indicated on February 5, 2020.

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

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# Sh**Cierk** ofCourt Court ofWorkers' Compensation Claims WC.CourtClerk@tn.gov

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