Summary
The Tennessee Court of Workers’ Compensation Claims granted HUB Group, Inc.’s motion for summary judgment in Bobby Williams’s claim arising from alleged head and brain injuries after a March 28, 2022 incident. The court held that Williams lacked medical evidence establishing that his strokes arose primarily out of and in the course and scope of his employment, dismissed the claim with prejudice, and taxed the filing fee to HUB.
Holdings
- HUB Group was entitled to summary judgment because Dr. Elijovich’s testimony negated the essential element of causation and Williams presented no medical evidence establishing that his strokes or alleged injuries arose primarily out of and in the course and scope of his employment.
- Williams’s personal, lay opinion that the injury was work-related was insufficient to create a genuine issue of material fact on medical causation.
Questions Presented
- Whether HUB Group was entitled to summary judgment because the undisputed evidence negated the essential element of medical causation.
- Whether Williams’s lay opinion and the occurrence of the incident at work were sufficient to create a genuine issue of material fact concerning whether his injury arose primarily out of and in the course and scope of employment.
Disposition
dismissed
Cases Cited (2)
- Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264-65 (Tenn. 2015)(followed)
- Hutchins v. Cardinal Glass Indus., No. E2023-00587-SC-R3-WC, 2024 Tenn. LEXIS 3, at *11 (Tenn. Workers’ Comp. Panel Jan. 11, 2024)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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