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. of Conn., 

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 relief Ms. 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

CLAIMS
arguing 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 of the 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 of Workers' Compensa ·on Claims 

2 
CERTIFICATE 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 

teiohnso@travelers.com 

__& ).tUk-' 

Penny Sh Cierk of Court 

Court of Workers' Compensation Claims 

WC.CourtClerk@tn.gov 

3