The opinion
FILED
Apr 27, 2026
09:24 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
CLIFFORD MONTRELL HICKS, Docket No. 2023-08-7416
Employee,
v.
FULLEN DOCK AND
WAREHOUSE, State File No. 81108-2023
Employer,
and
MANUFACTURERS ALLIANCE
INS. CO., Judge Shaterra R. Marion
Carrier.
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
Fullen Dock moved for summary judgment, asserting that Mr. Hicks cannot
present evidence of a causal connection between his employment and his injury,
which is an essential element of his claim. For the reasons below, the Court holds
Mr. Hicks did not present the necessary evidence, and Fullen Dock is entitled to
summary judgment as a matter of law.
Procedural History
Mr. Hicks alleged work-related injuries to his neck, shoulders, and back
sustained on June 21, 2022. After an expedited hearing, the Court denied his request
for benefits and entered a scheduling order. Fullen Dock then filed this motion.
Mr. Hicks did not respond to the motion for summary judgment. The motion
hearing took place on April 20, 2026, a Monday. The day before, a Sunday, Mr.
Hicks attempted to call in to the hearing. After he emailed requesting confirmation
of the hearing, Court staff informed Mr. Hicks of the correct date and time for the
hearing.
1
On the hearing date, the Court waited five minutes before starting the hearing.
Mr. Hicks did not appear. The hearing concluded ten minutes after the scheduled
start time, and Mr. Hicks had still not appeared.
Facts
Fullen Dock filed a statement of undisputed material facts with citations to
the record under Tennessee Rules of Civil Procedure 56.03 (2025). Because Mr.
Hicks did not respond, the facts are unrebutted.
Among them, Dr. Christopher Pokabla, the only doctor to offer causation
testimony, concluded that Mr. Hicks’s employment “did not contribute more than
50 percent” in causing his current condition.
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.
As the moving party, Fullen Dock must either: (1) submit affirmative
evidence that negates an essential element of Mr. Hicks’s claim, or (2) demonstrate
that his evidence is insufficient to establish an essential element of his claim. Tenn.
Code Ann. § 20-16-101 (2025); Rye v. Women’s Care Ctr. of Memphis, MPLLC,
477 S.W.3d 235, 264 (Tenn. 2015). If Fullen Dock meets this burden, Mr. Hicks
must then establish that the record contains specific facts upon which the Court could
base a decision in his favor. Id. at 265.
The essential element at issue in this case comes from Tennessee Code
Annotated section 50-6-102(12), which requires expert medical proof that the injury
arose primarily out of and in the course and scope of employment.
A Supreme Court Panel held that the trial court did not err in granting
summary judgment, where the employee failed to respond to the motion or offer any
medical evidence of causation. Hutchins v. Cardinal Glass Indus., No. E2023-
00587-SC-R3-WC, 2024 Tenn. LEXIS 3, at *11 (Tenn. Workers’ Comp. Panel Jan.
11, 2024).
Considering the merits of Fullen Dock’s motion, the Court finds it
successfully negated the essential element of causation through Dr. Pokabla’s
testimony that Mr. Hicks’s employment did not contribute more than 50% to his
injury. It further demonstrated that Mr. Hicks cannot prove medical causation. Just
2
as in Hutchins, Mr. Hicks presented no medical evidence that his injury arose
primarily out of and in the course and scope of his employment.
Thus, no genuine issue of material fact exists as to causation, and Fullen Dock
is entitled to summary judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. Fullen Dock’s motion for summary judgment is granted, and Mr. Hicks’s
claim against Fullen Dock is dismissed with prejudice to its refiling.
2. Unless appealed, this order shall become final 30 days after entry.
3. The Court taxes the $150.00 filing fee to Fullen Dock under Tennessee
Compilation Rules and Regulations 0800-02-21-.06 (2026), for which
execution may issue as necessary.
4. Fullen Dock shall prepare and submit the SD-2 with the Clerk within 10 days
of the date of judgment.
ENTERED April 27, 2026.
____________________________________
JUDGE SHATERRA R. MARION
Court of Workers’ Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on April 27, 2026.
U.S.
Name Email Service sent to:
Clifford Montrell
Hicks, X X
Employee’s Attorney
Donna Wilkerson, dwilkerson@wimberlylawson.com
X
Employer’s Attorney
____________________________________
PENNY SHRUM, COURT CLERK
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]
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