42 TAM 46, November 13, 2017

Overview of Tennessee workers' comp market conditions

At the Sept. 6 meeting of the Workers’ Compensation Advisory Council, Mike Shinnick with the Department of Commerce and Insurance (Department) presented his annual overview of the workers’ compensation market conditions in Tennessee. The overview consisted of updates on the voluntary market, the assigned risk pool, self-insureds, and carrier insolvencies affecting Tennessee.

Highlights

Supreme Court

•Supreme Court clarifies that correct legal standard for reviewing whether trial court errs in conducting late-night proceedings is abuse of discretion. For the full text, click here.

Court of Appeals

•Court of Appeals, in partition suit, rules trial court improperly ordered interest of one co-tenant to be divested and vested in another co-tenant for court-ordered price. For the full text, click here.

•Court of Appeals affirms probate court’s holding that executor did not breach his fiduciary duty in administering estate when executor failed to make any monetary distributions until more than five years after estate was opened. For the full text, click here.

•Court of Appeals says trial court erred in failing to include father’s musician profit income and his employer-provided cell phone fringe benefit in his income when calculating father’s child support obligation. For the full text, click here.

Court of Criminal Appeals

•Court of Criminal Appeals upholds suppression of evidence seized from home when, although one of defendants was on probation at time of search and was subject to warrantless searches as condition of her probation, search was invalid because officers did not have reasonable suspicion to justify search. For the full text, click here.