The opinion
FILED
Dec 11, 2025
02:14 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Lindsey Hoffman, ) Docket No. 2024-60-0181
Employee, )
v. )
HCA Health Services of Tennessee )
d/b/a Tristar Summit Medical Center, ) State File No. 860009-2024
Employer, )
And )
Indemnity Insurance Co. of America, )
Carrier. ) Judge Kenneth M. Switzer
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
The Court held a hearing on November 18, 2025, on HCA Health Services of
Tennessee’s Motion for Summary Judgment. Ms. Hoffman did not respond to the motion
or appear at the hearing. HCA argues that no genuine issue of fact exists regarding whether
Ms. Hoffman gave timely notice of her alleged mental injuries. For the reasons below, the
motion is granted.
The Motion
After an expedited hearing, the Court held that Ms. Hoffman was unlikely to show
at a hearing on the merits that she gave timely notice of her mental injuries to HCA. The
Appeals Board affirmed.
HCA now seeks summary judgment on the same grounds. It filed a statement of
undisputed material facts in support of the motion. They are:
1. Ms. Hoffman experienced three separate incidents while working for HCA on
April 9, 10, and 23, 2023 (“the incidents”).
2. Ms. Hoffman began experiencing symptoms of a mental injury immediately
after the incidents.
3. Ms. Hoffman knew her symptoms were caused by the incidents.
1
4. Ms. Hoffman did not report the incidents as “employee health” events in HCA’s
Vigilanz system.
5. Ms. Hoffman did not otherwise provide timely written notice that the incidents
constituted a sudden or unusual mental stimulus causing a compensable mental
injury.
6. Ms. Hoffman never asked HCA to provide medical care for her alleged mental
condition.
7. HCA had no actual knowledge that the incidents constituted a sudden or unusual
mental stimulus causing a compensable mental injury.
8. Ms. Hoffman had no reasonable excuse for her failure to provide notice to HCA.
With the exception of #8 above, HCA support its undisputed material facts with citations
to the record as required under Rule 56.03 of the Tennessee Rules of Civil Procedure
(2024).1
Law and Analysis
Summary judgment is appropriate “if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show that there
is no genuine issue as to any material fact and that the moving party is entitled to a judgment
as a matter of law.” Tenn. R. Civ. P. 56.04.
To prevail, HCA must do one of two things: (1) submit affirmative evidence that
negates an essential element of Ms. Hoffman’s claim, or (2) demonstrate that Ms.
Hoffman’s evidence is insufficient to establish entitlement to benefits. Tenn. Code Ann. §
20-16-101 (2025); see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d
235, 264 (Tenn. 2015). If HCA satisfies that burden, then Ms. Hoffman must demonstrate
the existence of specific facts in the record that could lead a rational trier of fact to find in
her favor. Id. at 265.
Ms. Hoffman did not respond to HCA’s motion, so it is unopposed. Tenn. Comp.
R. & Regs 0800-02-21.18(d) (2023). Her failure to respond does not automatically entitle
HCA to summary judgment. Union Serv. Inds., Inc. v. Sloan, 1988 Tenn. App. LEXIS
592, at *4 (Tenn. Ct. App. Sept. 28, 1988). Rather, the Court must determine whether
under Rule 56.06 summary judgment is “appropriate.”
1
Rule 56.03 states “[e]ach fact shall be supported by a specific citation to the record.” (Emphasis added).
“See generally, TNComp” is not a specific citation to the record. Along these lines, compensability as
alleged in facts #5 and 7 are legal conclusions not facts. Further, although some citations gave specific
page numbers, others merely identified TNComp filings, some of which were very lengthy documents.
Regardless, the Court located what it believes to be the referenced materials, and as explained in this order,
summary judgment is appropriate.
2
The essential element at issue is notice. Section 50-6-201(a) requires an injured
employee, immediately upon the occurrence of an injury, or as soon as is reasonable and
practicable afterward, to notify an employer in writing who has no actual notice of the
injury. Further, she must give written notice within 15 days after the accident.
Applying these principles, while working for HCA, Ms. Hoffman experienced three
separate incidents on April 9, 10, and 23, 2023, and she began experiencing symptoms of
a mental injury immediately after each. She knew her symptoms were caused by the
incidents but did not report the incidents as “employee health” events in HCA’s Vigilanz
system. She also did not otherwise give timely written notice of the incidents, nor did she
ask HCA to furnish medical care for her alleged mental condition, within 15 days of the
incidents. Further, HCA had no actual knowledge of the incidents or alleged mental injury.
In sum, HCA submitted affirmative evidence that Ms. Hoffman did not give timely
notice of her alleged injuries. Thus, it negated the essential element of timely notice
required under section 50-6-203(a). The burden then shifted to Ms. Hoffman to
demonstrate specific facts that could lead the Court to find in her favor. She did not do
this.
Therefore, no genuine issue as to any material fact exists, and HCA is entitled to a
judgment as a matter of law. Ms. Hoffman’s claim is dismissed with prejudice. Unless
appealed, this order shall become final in 30 days. The Court assesses the $150.00 filing
fee against HCA, for which execution might issue as necessary. HCA shall pay the filing
fee to the Court Clerk within five business days.
IT IS ORDERED.
ENTERED December 11, 2025.
________________________________________
JUDGE KENNETH M. SWITZER
Court of Workers’ Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on December 11, 2025.
Name Certified Regular Email Sent to
Mail mail
Lindsey Hoffman, X X 30 White Oak Ln.
employee Winchester TN 37398
lindseyehoffman@gmail.com
Catheryne Grant, X CLG@feeneymurray.com
Taylor Pruitt, TRP@feeneymurray.com
employer’s attorneys shelby@feeneymuray.com
_______________________________________
Penny Shrum
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 *
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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]
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