Hicks, Clifford Montrell v. Fullen Dock and Warehouse

Summary

The Tennessee Court of Workers’ Compensation Claims granted Fullen Dock and Warehouse’s motion for summary judgment in Clifford Montrell Hicks’s workers’ compensation claim. The court held that Hicks failed to present expert medical evidence establishing that his employment primarily caused his alleged neck, shoulder, and back injuries. The claim was dismissed with prejudice, subject to appeal within 30 days.

Holdings

1. Fullen Dock was entitled to summary judgment because it negated the essential element of medical causation and demonstrated that Hicks could not prove that his injury arose primarily out of and in the course and scope of employment.

Questions Presented

1. Whether Fullen Dock was entitled to summary judgment because Hicks could not present evidence establishing medical causation.
2. Whether the unrebutted record, including Dr. Pokabla's testimony and Hicks's failure to offer contrary medical evidence, left no genuine issue of material fact regarding whether the injury arose primarily out of and in the course and scope of employment.

Disposition

other