The opinion
FILED
Jul 16, 2025
11:16 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
BOBBY WILLIAMS, ) Docket No.: 2023-08-02183
Employee, )
)
v. ) State File No.: 42731-2022
)
HUB GROUP, )
Employer. ) Judge Shaterra R. Marion
)
________________________________________________________________________
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an expedited hearing on July 10, 2025, on Mr. Williams’s request
for benefits for a head and brain injury. HUB Group argued that the Court should deny his
claim because his injury did not occur within the course and scope of his employment.
Based on the evidence presented, the Court holds that Mr. Williams is not likely to show
that his injury arose primarily out of and in the course and scope of his employment and
denies benefits at this time.
History of Claim
Mr. Williams drives a truck for HUB Group. During work on March 28, 2022, he
stopped at a truck stop, and after coming out of the bathroom felt dizzy to the point that he
had to lower himself to the ground.
He was taken to the emergency room, where the doctor took a head CT scan and a
chest x-ray and diagnosed general weakness, dehydration, and vertigo.
Days later, Mr. Williams began treating at the hospital with complaints of dizziness
and headaches. He was diagnosed with hypertension, hyperlipidemia, and vertigo. During
one of his visits, they transferred him to the emergency room due to dizziness and vomiting,
and they referred him to ear, nose, and throat specialist Dr. Samuel Smith.
1
At Mr. Williams’s first visit, Dr. Smith diagnosed vertigo, dizziness, and giddiness.
After this visit, HUB Group provided a panel, from which Mr. Williams chose Regional
One so he could continue seeing Dr. Smith. Mr. Williams reported continued episodes of
dizziness and imbalance. Dr. Smith also noted that Mr. Williams reported a mini-stroke he
suffered five or six years ago.
HUB Group ultimately denied Mr. Williams’s claim. Dr. Smith completed a
causation letter in which he stated that he did not determine an exact diagnosis of Mr.
Williams’s condition. Dr. Smith could thus not state if Mr. Williams’s condition arose
primarily out of and in the course and scope of his employment.
After the denial, Mr. Williams sought unauthorized treatment with two neurologists.
First, he treated at a clinic, where he received a litany of diagnostic testing. A brain
MRI showed no acute pathology, moderate chronic microangiopathy, and multiple infarcts.
A head MRV came back negative, and a cervical spine x-ray showed satisfactory
alignment. A CT angiography of the head and neck showed scattered atherosclerotic
disease with mild to moderate stenosis of the intracranial internal carotid arteries.
Neurologist Dr. Lucas Elijovich diagnosed Mr. Williams with a history of a PICA
stroke and right radiographic watershed infarct with ICAD. In a causation letter sent to him
by HUB Group, Dr. Elijovich stated that Mr. Williams’s condition was not more than 50%
caused by a work incident or activity.
Mr. Williams disputed that Dr. Elijovich could not have known if his work caused
his condition because he and Dr. Elijovich did not discuss his work during his visits.
Mr. Williams also saw neurologist Dr. Jesus Martinez. Dr. Martinez ordered a brain
MRI, which showed infarctions and a subacute right parieto-occipital stroke. He assessed
Mr. Williams with cerebrovascular disease, dizziness, giddiness, and a chronic ischemic
left MCA stroke.
Mr. Williams testified that the stresses of his job caused his injury. However, he
admitted that he had no medical opinion showing that his condition is work related.
Findings of Fact and Conclusions of Law
Mr. Williams has the burden of proving he is likely to prevail at a hearing on the
merits that his injury arose primarily out of and in the course and scope of his employment.
Tenn. Code Ann. § 50-6-239(c)(6) (2024).
To meet this burden, he must present evidence from a physician that found to a
reasonable degree of medical certainty that his work injury contributed more than 50% in
2
causing his current need for medical treatment, considering all causes. § 50-6-102(12)(C)-
(D). He has not done so.
Although Mr. Williams believes that his work caused his current head and brain
condition, the Appeals Board previously held that an employee’s “subjective belief, no
matter how sincerely held, is not a sufficient basis to support his claim for workers’
compensation benefits.” Rucker v. Fed’l Express Corp., 2024 TN Wrk. Comp. App. Bd.
LEXIS 3, at *8 (Feb. 12, 2024). Instead, Mr. Williams must present medical evidence to
establish a causal relationship. Cloyd v. Hartco Flooring Co., 274 S.W.3d 638, 643 (Tenn.
2008). He admitted that this evidence does not exist.
The Court acknowledges Mr. Williams and his beliefs about the injury. However,
the two physicians who addressed causation, Dr. Smith and Dr. Elijovich, either could not
determine the cause of Mr. Williams’s condition or stated that the condition was not caused
by his work. Although Mr. Williams contested Dr. Elijovich’s opinion with his testimony,
he did not offer any expert medical proof to contradict Dr. Elijovich.
Therefore, the Court holds that Mr. Williams is not likely to prevail at a hearing on
the merits in showing that his injury arose primarily out of and in the course and scope of
his employment.
IT IS THEREFORE ORDERED as follows:
1. Mr. Williams’s request for benefits is denied currently.
2. The Court sets a status conference for September 22, 2025, at 1:00 p.m. Central
Time. The parties must call (866) 943-0014 to participate. Failure to call may result
in a determination of the issues without the party’s participation.
ENTERED July 16, 2025.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
3
APPENDIX
Exhibits:
1. Medical Records filed by Mr. Williams
2. Wage Statement
3. Job Description of Mr. Williams
4. Medical Records filed by HUB Group
5. Causation Letters of Dr. Smith and Dr. Elijovich
6. First Report of Injury
7. [For Identification Only] Accident Report from 2017 Injury of Mr. Williams
8. [For Identification Only] NIH and WHO Statement on Strokes
9. Affidavit of Mr. Williams
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on July 16, 2025.
Name Service sent to:
Bobby Williams, X bobbyjwilliams68@gmail.com
Employee
David Deming, X ddeming@manierherod.com
Rhoberta Orsland, rorsland@manierherod.com
Employer’s Attorneys
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
4
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