The opinion
FILED
May 19, 2026
12:37 PM(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. 2023-08-2183
Employee,
v.
State File No. 42731-2022
HUB GROUP, Inc.,
Employer.
Judge Shaterra R. Marion
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
HUB Group moved for summary judgment, asserting that Mr. Williams
cannot prove 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.
Williams did not present the necessary evidence, and HUB is entitled to summary
judgment.
Procedural History
Mr. Williams alleged work injuries to his head and brain, because after leaving
a truck-stop bathroom on March 28, 2022, he felt so dizzy he had to lower himself
to the ground.
After an expedited hearing, the Court denied benefits and later entered a
scheduling order. HUB filed this motion. Although Mr. Williams filed a response to
the motion, he did not respond to HUB’s statement of undisputed facts.
Facts
HUB filed a statement of undisputed material facts with citations to the record
under Tennessee Rule of Civil Procedure 56.03 (2025). Because Mr. Williams did
not respond to them, the facts are unrebutted.
Dr. Lucas Elijovich diagnosed Mr. Williams with two strokes. One stroke
occurred in 2015, and he could not tell when the other occurred. However, Dr.
Elijovich testified Mr. Williams’s strokes were not primarily caused by an activity
or accident at work.
Mr. Williams did not offer a medical opinion to show that his work primarily
caused his strokes. Mr. Williams argues that because the incident happened at work,
and because of Dr. Elijovich’s stroke diagnoses, it is work-related.
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, HUB must either: (1) submit affirmative evidence that
negates an essential element of Mr. Williams’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 HUB meets this burden, Mr. Williams must then
establish that the record contains specific facts upon which the Court could base a
decision in his favor. Id. at 265.
HUB met its burden, successfully negating the essential element of causation
through Dr. Elijovich’s testimony. Causation is an essential element because
Tennessee Code Annotated section 50-6-102(12) requires expert medical proof that
the injury arose primarily out of and in the course and scope of employment.
Additionally, Mr. Williams did not respond with a doctor’s opinion upon
which the Court could decide this claim in his favor. In a similar case, a trial court
did not err in granting summary judgment where the employee failed to respond to
the motion with 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).
Just as in Hutchins, Mr. Williams presented no medical evidence that his
injury arose primarily out of and in the course and scope of his employment.
Causation must be supported by a medical opinion given within a reasonable degree
of medical certainty. Tenn. Code Ann.§ 50-6-204. Mr. Williams’s personal, lay
opinion about causation is insufficient to create a genuine issue of material fact on
causation.
Thus, HUB is entitled to summary judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. HUB’s motion for summary judgment is granted, and Mr. Williams’s claim
against HUB 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 HUB under Tennessee Compilation
Rules and Regulations 0800-02-21-.06 (2026), for which execution may issue
as necessary.
4. HUB shall prepare and submit the SD-2 with the Clerk within 10 days of the
date of judgment.
ENTERED May 19, 2026.
____________________________________
JUDGE SHATERRA R. MARION
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on May 19, 2026.
Regular
Name Email Service sent to:
Bobby Williams,
X
Employee
Rhoberta Orsland, rorsland@manierherod.com
X
Employer’s Attorney
____________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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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