Musshur Meener v. Amazon, et al.
Docket No. 2023-08-3737, State File No. 860283-2023
Appeal from the Court of Workers’ Compensation Claims
Affirmed and Remanded
Significance:
This case concerns the requirement under Tennessee’s Workers’ Compensation Statute that the injured worker provide notice of his or her injury within 15 days of the incident.
Background:
Musshur Meener, the employee (Appellant), worked for Amazon in a warehouse in April 2023. He claimed to have sustained injuries to his back, neck, and arms from repetitive lifting of heavy boxes on April 22 and 23, 2023. After his work-related injury, Meener initially visited the company’s onsite clinic (AmCare) on April 22, where he received topical pain relief.
Later, he went to the emergency department at Baptist Hospital on April 30, 2023, where he was diagnosed with a chronic L-1 compression fracture and received pain management treatment. Meener filed a petition for workers’ compensation benefits on May 30, 2023, stating he had informed his employer about the injury on May 19, 2023, though he later testified he reported it on April 27.
Amazon (the employer) denied the claim, asserting that it did not receive formal notice of the injury until June 23, 2023, when Meener filled out a Workers’ Compensation Referral Notification form. The employer argued that the delay in reporting the injury beyond the statutory 15-day window for reporting workers’ compensation injuries (per Tenn. Code Ann. § 50-6-201) invalidated the claim.
Procedural History:
The case was heard at an expedited hearing on August 22, 2024. The trial court ruled that Meener had failed to provide timely notice of the injury as required by law. Specifically, the court found Meener’s testimony inconsistent and unconvincing regarding the timeline and manner of notice. The court determined that Meener did not show by a preponderance of the evidence that he gave proper notice of his injury within the required 15-day period, nor did he provide a reasonable excuse for the delay.
Meener appealed, arguing that he had sufficiently notified Amazon about his injury, particularly citing his visit to the onsite clinic and his interactions with an employee named “Anthony” on April 27. However, Amazon contested this assertion, submitting a Rule 72 declaration from its HR manager denying any record of notice on April 27, 2023.
Issues on Appeal:
The primary issue on appeal was whether the trial court erred in finding that Meener failed to provide timely notice of his work-related injury under Tennessee Code Annotated section 50-6-201(a)(1), which mandates that written notice be given within 15 days of the injury. The trial court had also found that Meener’s testimony lacked credibility.
Legal Analysis:
Tennessee law requires that an employee give written notice of a work-related injury to the employer within 15 days of the incident. If the employee fails to do so, the claim may be denied unless the employer had actual knowledge of the injury or the employee can show a reasonable excuse for the delay. In this case, the trial court applied the analysis from Ernstes v. Printpack, Inc., 2023, which outlines the factors to consider when the timeliness of notice is contested:
- Whether the employee provided timely written notice
- Whether the employer had actual knowledge of the injury
- Whether the employee had a reasonable excuse for not providing timely notice
In considering whether the employee has shown by a preponderance of the evidence a reasonable excuse, a court can consider, among other things:
- The employer’s actual knowledge of the employee’s injury
- Lack of prejudice to the employer by an excusal of the notice requirement
- The excuse or inability of the employee to timely notify the employer.
In this case, the trial court found that Meener had not met these criteria. The court noted discrepancies in Meener’s testimony, particularly regarding the timing of when he reported the injury to Amazon and whether he had communicated with anyone on April 27. The court also considered the employer’s submission of a Rule 72 declaration, which stated there was no record of Meener providing notice in April. Furthermore, the court concluded that Meener did not offer a reasonable excuse for failing to notify Amazon within the 15-day window.
Outcome:
The Workers’ Compensation Appeals Board affirmed the trial court’s decision, finding that the trial court’s factual findings were supported by the evidence. The court found that the employee’s testimony lacked credibility, and there was insufficient evidence to prove that Meener provided timely written notice of the injury as required by law. The case was remanded for further proceedings on the merits of the injury claim, but the decision to deny medical and temporary disability benefits was upheld.
Conclusion:
The trial court’s decision denying medical and temporary disability benefits was affirmed. The case highlights the importance of providing timely written notice of a work-related injury under Tennessee’s workers’ compensation laws, and reiterates the standard applied if the Employee does not provide notice to the Employer within 15 days of the injury.
Reach out to a Knoxville workers’ compensation attorney or a Knoxville workplace injury lawyer from The Lawyers of Brown & Roberto for legal assistance with your particular case.