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TAM-BYTES

May 15, 2017


Vol. 20, No. 20

TAM Webinars

Police Liability Defense Update: Section 1983, Excessive/Deadly


Force, and More, 60-minute webinar presented by Mark McGrady,
with Farrar & Bates in Nashville, on Tuesday, June 27, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/police-liability-062717
or call us at (800) 727-5257.

Zoning Appeals Navigation in Tennessee: Best Procedures and


Strategies for Attorneys, 60-minute webinar presented by Jason
Holleman, with West Nashville Law Group (WNLG) in Nashville, on
Thursday, June 29, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/zoning-062917
or call us at (800) 727-5257.

Preparing Title Opinions and Tackling Title Insurance Issues in


Tennessee, 60-minute webinar presented by Marcy S. Shelton, with
Reno & Cavanaugh in Nashville, on Tuesday, July 11, at 10 a.m.
(Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/title-071117
or call us at (800) 727-5257.

Gun Dealer and Owner Liability in Tennessee: Client Counsel Tips


and Techniques, 60-minute webinar presented by James E. Wagner
with Frantz McConnell & Seymour in Knoxville, on Tuesday, July 18,
at 10 a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/guns-071817
or call us at (800) 727-5257.
Foreclosure Process and Case Management Strategies for
Tennessee Attorneys, 60-minute webinar presented by Mark
McGrady with Farrar & Bates in Nashville, on Thursday, July 20, at 10
a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/foreclosure-072017
or call us at (800) 727-5257.

Key Elements of Wills in Tennessee, 60-minute webinar presented


by Julie Travis Moss, with The Blair Law Firm in Brentwood, on
Thursday, July 27, at 2 p.m. (Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information, visit: www.mleesmith.com/wills-072717
or call us at (800) 727-5257.

On-Site Events
*Expanded to 2 days this year*
Personal Injury Law Conference for Tennessee Attorneys
WHEN: THURSDAY & FRIDAY, SEPTEMBER 21-22
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL

SPEAKERS: Judge Thomas Frierson, Court of Appeals, Eastern District; Judge Ross
Hicks, Circuit Court, 19th Judicial District (Montgomery & Robertson counties);
Chancellor Ellen Hobbs Lyle, Davidson County Chancery Court/Business Court; Judge
Walter Kurtz, former Davidson County Circuit judge/former Tennessee senior judge;
Laura Baker, Law Offices of John Day, Brentwood; Brandon Bass, Law Offices of
John Day, Brentwood; J. Randolph Bibb, Lewis Thomason, Nashville; Jamie Durrett,
Batson Nolan, Clarksville; James Exum, Leitner, Williams, Dooley & Napolitan,
Chattanooga; Steve Gillman, Pryor, Priest, Harber, Floyd & Coffey, Knoxville; Michael
H. Johnson, Howard, Tate, Sowell, Wilson, Leathers, & Johnson, Nashville; Mary
Ellen Morris, Kinnard, Clayton & Beveridge, Nashville; Bryan Moseley, Moseley &
Moseley, Murfreesboro; William J. Rieder, Spears, Moore, Rebman & Williams,
Chattanooga; and Melanie Stewart, Heaton & Moore, Memphis.

HIGHLIGHTS: Ramifications of the Dedmon decision; researching automobile


insurance coverage; latest trends in suits against motor vehicle manufacturers;
admissibility of expert testimony is the expert competent and will the testimony
substantially assist the jury?; subrogation and lien issues Medicaid/Medicare liens,
hospital liens, and workers comp liens; effective motion practice for todays civil
practitioner; assessing the viability of a slip, trip, and fall case; effective use of social
media in litigation; medical discovery and special issues in uninsured/underinsured
motorist cases; advanced deposition strategies; review of recent personal injury cases;
accepting, declining, and terminating legal representation; and attorney ethics conflicts
of interest, attorney fees, and social media.

PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
*Take $50 off until August 11 (early bird discount)*

For more information, visit www.mleesmith.com/tn-personal-injury-law or call (800) 727-5257.

12th annual
Family Law Conference for Tennessee Practitioners
WHEN: THURSDAY & FRIDAY, OCTOBER 12-13 and
THURSDAY & FRIDAY, NOVEMBER 30 & DECEMBER 1
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL

OCTOBER FACULTY: David Anthony, Bone McAllester Norton, Nashville; Dawn


Coppock, Strawberry Plains attorney; Sandy Garrett, Chief Disciplinary Counsel, Board
of Professional Responsibility; Jason Hicks, Moore, Rader, Fitzpatrick & York,
Cookeville; C. Jay Ingrum, Phillips & Ingrum, Gallatin; Stanley A. Kweller, Jackson,
Kweller, McKinney, Hayes, Lewis & Garrett, Nashville; Sean J. Martin, Martin Heller
Potempa & Sheppard, Nashville; Chancellor Larry McMillan, chancery court, 19th
Judicial District (Montgomery and Robertson counties); Marlene Eskind Moses, MTR
Family Law, Nashville; Phillip R. Newman, Puryear, Newman & Morton, Nashville;
Judge Phillip Robinson, circuit court, Davidson County; Kevin Shepherd, Maryville
attorney; Greg Smith, Stites & Harbison, Nashville; Scott Womack, Lattimore Black
Morgan & Cain, Nashville; and Judge Thomas Wright, circuit court, 3rd Judicial District
(Greeene, Hamblen, Hancock & Hawkins counties)

DECEMBER FACULTY: Amy J. Amundsen, Rice, Amundsen & Caperton, Memphis;


David Anthony, Bone McAllester Norton, Nashville; Judge Mike Binkley, circuit court,
21st Judicial District (Hickman, Lewis, Perry, and Williamson counties); Chancellor
Jerri S. Bryant, chancery court, 10th Judicial District (Bradley, McMinn, Monroe, and
Polk counties); Judge Robert L. Childers, retired circuit court judge, Shelby County;
Dawn Coppock, Strawberry Plains attorney; Jason Hicks, Moore, Rader, Fitzpatrick &
York, Cookeville; C. Jay Ingrum, Phillips & Ingrum, Gallatin; Chancellor Larry
McMillan, chancery court, 19th Judicial District (Montgomery and Robertson counties);
Marlene Eskind Moses, MTR Family Law, Nashville; Phillip R. Newman, Puryear,
Newman & Morton, Nashville; Judge Phillip Robinson, circuit court, Davidson County;
Kevin Shepherd, Maryville attorney; Eileen Burkhalter Smith, Disciplinary Counsel,
Board of Professional Responsibility; and Greg Smith, Stites & Harbison, Nashville
HIGHLIGHTS: Protecting a clients separate assets; dividing/valuing marital
property; orders of protection/domestic violence issues; relative/stepparent/adult
adoptions; technology for the family law practitioner; modifying permanent
parenting plans; practical tips from judges across the state; hot topics in child
custody/property division; tax issues in divorce; civil and criminal contempt in
family matters; use of trusts in family law practice; discovery abuses and
remedies; dealing with children in a divorce case; tips for effective direct/cross-
examination; case law/legislative update; ethics and professionalism in family
law practice; and attorneys ethical use of social media

PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
$50 early bird discount until September 1 (October conference)
$50 early bird discount until October 20 (December conference)

For more information, visit www.mleesmith.com/family-law-conference or call (800) 727-5257.

10th annual
Tennessee Real Estate Law Conference
WHEN: FRIDAY, OCTOBER 20
WHERE: Nashville School of Law
CLE: Earn 7.5 hours of CLE 6.5 hours of GENERAL and 1 hour of DUAL

SPEAKERS: Kim A. Brown, Sherrard Roe Voigt & Harbison, PLC, Nashville; Jason
Holleman, West Nashville Law Group, Nashville; Anita I. Lotz, Farris Bobango PLC,
Memphis; Michael Patton, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,
Memphis; Elizabeth C. Sauer, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,
Nashville; Brooks R. Smith, Bradley Arant Boult Cummings LLP, Nashville; Wesley D.
Turner, Gullett Sanford Robinson & Martin PLLC, Nashville; Heather Howell Wright,
Bradley Arant Boult Cummings LLP, Nashville

HIGHLIGHTS: Kim Brown touches on many of the aspects of a commercial real estate
transaction by looking at resources and samples of documents that help to address the
various aspects of the transaction; Brooks Smith looks at inspection and diligence issues,
representations and warranties, covenants, and other details to making sure the sale goes
smoothly; Michael Patton reviews what events are covered by title insurance, how to
make a claim, and why title insurance companies deny claims and also discusses
litigation, arbitration, and the bad faith penalty; Heather Wright gives an overview of
insurance provisions in commercial leases, including coverage of tenant-installed fixtures
and improvements, coverage for damages and destruction of property, and waivers of
subrogation; Elizabeth Sauer explains special considerations for commercial and
investment transactions, including entity formation, CAP rate, zoning concerns, and 1031
exchanges; Anita Lotz details the closing process for commercial real estate
transactionsopening the closing, reviewing the sale agreement, reviewing the closing
package, and preparing and approving the documents and gives examples of closing
checklists; Jason Holleman reviews ethical concerns in boundary law, including attorney
fees, confidentiality, communication with unrepresented parties, and conflicts of interest;
and Wes Turner updates attorneys on the latest appellate court cases and legislation in
the real estate law area.

PRICING: $377 (full program) ($297 for any additional attendees from same firm);
and $197 (materials only)
*Take $50 off until September 8 (early bird discount)*

For more information, visit www.mleesmith.com/trel or call (800) 727-5257.

IN THIS WEEKS TAM-Bytes

Court of Appeals vacates jury verdict in favor of plaintiffs against


manufacturer in products liability suit alleging that plaintiff wife, who
cleaned plaintiff husbands shop where he worked directly with brake
products, and laundered husbands clothing, contracted mesothelioma
caused by exposure to asbestos used in manufacturers brake products;
Court of Appeals affirms dismissal, on ground of forum non
conveniens, of action by Tennessee company against Arizona
company whose driver, in process of retrieving dumpster at plaintiffs
restaurant in Michigan, allegedly hit restaurant, causing damage;
Court of Criminal Appeals rules defendant did not make clear and
unequivocal request to have attorney present for interrogation when
defendant expressed his intent to obtain counsel in future, not to have
one present during his interview with detectives;
Court of Criminal Appeals finds, in DUI case, warrantless draw of
defendants blood was justified on basis of exigent circumstances; and
General Assembly revises probate provisions, including prohibition on
inheritance by one who feloniously and intentionally kills decedent.

WORKERS COMP PANEL

WORKERS COMPENSATION: When employee filed complaint for


workers compensation benefits on 9/30/13, employer filed two different
wage statements, first statement filed on 12/1/14 showed compensation rate
of $532, and amended wage statement, filed on 9/3/15, showed reduced
compensation rate of $242, trial court did not err in concluding that proper
average weekly wage should be determined by dividing employees gross
wages by five, number of weeks employee worked, which yielded average
weekly wage of $798 and resulting compensation rate of $532; trial court
used compensation rate set forth in TCA 50-6-102(3)(B) when employment
prior to injury is less than 52 weeks, and there was no fault with trial courts
method with limited data provided. Dunn v. Tradesmen International Inc.,
5/10/17, Knoxville, Davies, 8 pages.
http://www.tncourts.gov/sites/default/files/dunn-filed_20170519131730.pdf

COURT OF APPEALS

TORTS: When plaintiff husband worked directly with brake products in his
own shop, plaintiff wife cleaned shop and laundered husbands clothing,
wife was diagnosed with mesothelioma, and plaintiffs filed products liability
suit against manufacturer of brake products, because jury verdict form was
defective in omitting two necessary questions whether product was
unreasonably dangerous or defective and whether wifes injuries were
reasonably foreseeable jury verdict in favor of plaintiffs is vacated; based
on holding in Satterfield v. Breeding Insulation Co., 266 SW3d 347 (Tenn.
2008), which adopts (in part) Restatement (Third) of Torts, trial courts
decision to allow case to go forward on element of duty was not error.
Stockton v. Ford Motor Co., 5/12/17, Jackson, Armstrong, concurrence by
Swiney, partial dissent by Stafford, 32 pages.
http://www.tncourts.gov/sites/default/files/stocktonjoycecon.pdf
http://www.tncourts.gov/sites/default/files/stocktonjoycedis.pdf
http://www.tncourts.gov/sites/default/files/stocktonjoyceopn_0.pdf

FAMILY LAW: Trial court erred in denying petition filed by prospective


adoptive parents (appellants) seeking to terminate fathers parental rights to
his child on ground of abandonment due to willful failure to support trial
court found that, because father was in active litigation to establish visitation
schedule and had filed two separate motions to establish visitation, fathers
conduct was not willful with respect to failure to support; regardless of
fathers efforts to establish visitation with child, there can be no dispute that
father was not providing support to child, despite ability to do so, and
fathers attempts at sending child support payments to appellants only after
termination petition had been filed did not alleviate fact that he consciously
chose to withhold child support when he was aware of his legal obligation to
do so. In re Sydney B., 5/12/17, Nashville, Stafford, 11 pages.
http://www.tncourts.gov/sites/default/files/in_re_sydney_b._opn.pdf

CIVIL PROCEDURE: When plaintiff, Tennessee company, brought action


in Davidson County General Sessions Court against defendant, Arizona
company, for breach of contract and negligence, seeking recovery for
damages after defendants driver, in process of retrieving dumpster at
plaintiffs restaurant in Michigan, allegedly hit restaurant, causing damage,
case was dismissed on ground of improper venue, plaintiff appealed to
circuit court, which granted summary judgment to defendants on basis of
improper venue, lack of personal jurisdiction, and forum non conveniens,
trial court erred in ruling that trial court lacked personal jurisdiction over
defendant when evidence established that parties had contractual
relationship whereby defendant was to provide waste removal services at
plaintiffs restaurants in Tennessee and Michigan, payment for such services
would be made in Tennessee, and contacts within Tennessee engendered
through contractual relationship were continuous and systematic, and
sufficient to give court general personal jurisdiction over defendant; trial
court erred in finding improper venue when defendant was not organized
under Tennessee law, but contracts show that defendant has transacted
business in Tennessee, TCA 20-4-104(3)(B), read in conjunction with TCA
48-15-104(b), operates to make secretary of state registered agent for
defendant because defendant does not have registered agent in state, and
because secretary of states office is in Davidson County, venue is proper in
Davidson County; trial court did not abuse discretion in dismissing case
pursuant to doctrine of forum non conveniens when accident occurred in
Michigan and all witnesses and evidence concerning alleged accident are
located in Michigan. J. Alexanders Holdings LLC v. Republic Services
Inc., 5/12/17, Nashville, Dinkins, 11 pages.
http://www.tncourts.gov/sites/default/files/j.alexandersholdings.opn_.pdf

COURT OF CRIMINAL APPEALS

CRIMINAL LAW: In case in which defendant was convicted of first degree


murder, especially aggravated robbery, theft, and four counts of fraudulent use of
debit card, trial judge erred by allowing Geiger, defendants drug dealer, to
testify that he agreed to take lie detector test and that defendant refused to take
one given fact that testimony about polygraph exam is never admissible for any
purpose; defendant, who testified that he did not murder victim and only used
victims debit card because Geiger supplied it to him, was entitled to have jury
determine his credibility and credibility of states witnesses, and most
importantly Geiger, without jury being exposed to polygraph testimony;
circumstantial evidence presented against defendant was erroneously propped up
by inference that because defendant refused polygraph examination, he was lying
in his testimony, and because Geiger agreed to take polygraph examination, his
testimony was truthful; defendants convictions are reversed, and case is
remanded for new trial. State v. Reed, 5/11/17, Knoxville, Woodall, 19 pages.
http://www.tncourts.gov/sites/default/files/reedrandallkenneth.pdf

CRIMINAL LAW: In first degree murder case, defendant did not make
clear and unequivocal request to have attorney present for interrogation
prior to when interrogation ceased when defendant stated, I am going to
have to get an attorney, but I mean, I was going to talk to you all without
one for a little bit here defendant expressed his intent to obtain counsel
in future, not to have one present during his interview with detectives;
although detectives erroneously affirmed defendants misunderstanding
that he would not be appointed attorney until he went to court, following
those exchanges, detective reiterated to defendant that he could invoke
his rights at any time during interview, and defendant again expressed his
desire to speak to detectives and tell his story. State v. Long, 5/11/17,
Knoxville, Woodall, 34 pages.
http://www.tncourts.gov/sites/default/files/longjeffreyscottopn.pdf

EVIDENCE: In first degree murder case, trial judge did not err in excluding
evidence about victims gang membership when such evidence was not
relevant to defendants claim of self-defense defendant never made offer
of proof at trial in which he stated that his knowledge of victims gang
affiliation played any part in his decision to shoot victim, rather, defendant
testified that he feared victim because of victims threatening to shoot him in
yard and because of death threat he received for reporting gun theft to
police; trial court did not err by admitting into evidence text messages that
defendant received when texts were not hearsay given that they were
introduced to put defendants sent text messages into context, not for truth of
matter asserted. State v. Hill-Williams, 5/9/17, Jackson, Ogle, 21 pages.
http://www.tncourts.gov/sites/default/files/hill-williams_joshua_opn.pdf

CRIMINAL PROCEDURE: In DUI case, warrantless draw of defendants


blood was justified on basis of exigent circumstances; officer acted
reasonably under facts of case by authorizing warrantless blood draw so as
to prevent delay of over three hours before defendants blood could be
preserved as evidence of DUI this was not situation where exigent
circumstances were created by state actors, rather, officer performed his
work as efficiently as he could under circumstances; seeking search warrant
for defendants blood would have taken considerable additional time,
thereby significantly undermining efficacy of criminal investigation. State v.
Martin, 5/11/17, Nashville, Easter, 12 pages.
http://www.tncourts.gov/sites/default/files/scarlet_martin.pdf
CRIMINAL SENTENCING: In case in which defendant pled guilty to
abuse of corpse defendant testified that in 10/14, she went to restroom near
end of her shift and had a miscarriage inside restroom, after which, she
placed infant in plastic bag and deposited it in dumpster behind restaurant
where she worked trial judge erred in denying defendant judicial diversion;
defendants amenability to correction, her lack of criminal record, her social
history, her physical and mental health, and her actions following discovery
of infant, including her ready admission and full cooperation with police, all
weigh in favor of grant of judicial diversion; case is remanded to trial court
for entry of order placing defendant on judicial diversion for one year under
same conditions attendant to previously-imposed sentence of probation.
State v. Lacy, 5/12/17, Jackson, Witt, 9 pages.
http://www.tncourts.gov/sites/default/files/lacy_kalandraopn.pdf

PUBLIC CHAPTERS

WORKERS COMPENSATION: Vocational recovery assistance is


available for certain injured workers who do not return to work. 2017 PC
344, effective 5/9/17, 5 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0344.pdf

ESTATES & TRUSTS: Probate code is revised; provisions prohibiting


inheritance by one who feloniously and intentionally kills decedent are
expanded and clarified; wills may refer to written statement or list to dispose
of items of tangible personal property not otherwise specifically disposed of
by will. 2017 PC 290, effective 1/1/17 & 7/1/17, 8 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0290.pdf

FAMILY LAW: Courts, in making equitable division of marital property,


must consider all relevant evidence, including valuation methods typically
used with regard to such assets without regard to whether sale of asset is
reasonably foreseeable, in determining value of interest in closely-held
business or similar asset. 2017 PC 309, effective 7/1/17, 2 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0309.pdf

FAMILY LAW: Abortion of viable fetus is prohibited except in medical


emergency; testing to determine viability of fetus is required if woman is at
least 20 weeks pregnant. 2017 PC 353, effective 7/1/17, 5 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0353.pdf
GOVERNMENT: Words in Code must be given their natural and ordinary
meaning. 2017 PC 302, effective 5/5/17, 2 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0302.pdf

CRIMINAL PROCEDURE: Search warrant or written consent is required


prior to blood test being performed to determine alcohol or drug content of
drivers blood. 2017 PC 304, effective 7/1/17, 6 pages.
http://publications.tnsosfiles.com/acts/110/pub/pc0304.pdf

TRIAL COURTS

COMMERCIAL LAW: When, in dispute concerning bar and restaurant,


Germantown Pub (Pub), plaintiffs (Fierce and Walker) brought claims
individually, and derivatively on behalf of plaintiff LLC, Fierce and Walker
also seek declaratory judgment with respect to their membership interest and
their right to bring action under alternative claims they own interest in Pub
either as partnership or LLC, and they seek summary judgment that form of
entity which owns and operates Pub is implied partnership, or, alternatively,
summary judgment declaring that Walker is member of LLC and Fierce has
financial rights in LLC, summary judgment is entered that form of entity
which owns and operates Pub is LLC; there is no basis to state claim of
implied partnership; as to denial of summary judgment, because of disputed
issues of material fact, trial must be conducted on issues of identifying who
members of LLC are and determining percentage interest of each member.
Fierce v. Collier, 4/13/17, Davidson Chancery, Lyle, 20 pages.
http://www.tncourts.gov/sites/default/files/docs/fierce_v._collier_15-1385-bc_-_4-13-17.pdf

COURT OF WORKERS COMP CLAIMS

WORKERS COMPENSATION: When, on 5/9/14, piece of plywood


struck employees right foot, physician diagnosed right foot contusion and
recommended that employee wear a boot, in 6/14, doctor reported mild
to no tenderness of foot, employee was able to walk normally, doctor
diagnosed degenerative joint disease of the foot, there were no further
medical records addressing 5/14 injury, on 8/3/16, employees right foot
popped when he was moving material at job site, doctor recommended
surgery to fuse affected joints of right foot, and employee was unable to
resume his duties as construction project manager but instead works for
employer as estimator for significantly lower pay, employee is likely to
prevail at hearing on merits regarding his entitlement to medical benefits for
his 8/3/16 injury; doctor opined that employees new injury is causing
increased instability into the Lisfranc complex, making his midfoot arthritis
much more symptomatic and debilitating, and to extent new injury
might only be aggravation, doctors opinion established that event of 8/16
contributed more than 50% to employees need for medical treatment;
although result favors employee, his argument that Trosper v. Armstrong
Wood Products, 273 SW2d 598 (Tenn. 2008), applies is without merit as
Trospers logic has been rejected because it was decided under now-
abrogated liberal construction standards; instead, doctors opinion that
event of 8/3/16 contributes more than 50% to need for medical treatment is
controlling. Adams v. Savage Construction Co., 2/17/17, Memphis,
Phillips, 11 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1751&context=utk_workerscomp

WORKERS COMPENSATION: When employer accepted employees


finger injury as compensable and provided medical treatment and employee
now seeks medical treatment for ganglion cyst, employee did not
demonstrate that he is likely to prevail at hearing on merits on issue of
causation when statement by doctor, who treated finger injury, that
employees problems are work related injuries secondary to repetitive
motion could, at best, only serve to establish some unquantified relationship
between his work and his condition and was inadequate to meet employees
burden of proving his work contributed more than 50% in causing
disablement or need for medical treatment, considering all causes; employee
provided sufficient evidence to satisfy his burden at this interlocutory stage
that he is entitled to panel of physicians from which to choose authorized
physician for evaluation and, if necessary, treatment of any causally-related
gradual injuries when parties submitted no information suggesting employee
has any permanent physical impairment resulting from his carpal tunnel
syndrome, much less when he knew or should have known about it, and
hence, even if employer were previously unaware of any right arm claim, its
receipt of employees affidavit was sufficient notice of gradual injury claim.
Dupree v. Tepro Inc., 2/17/17, Murfreesboro, Tipps, 9 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1731&context=utk_workerscomp

REVENUE RULINGS

TAXATION: Application of Tennessee business tax to sale of renewable


identification numbers. Department of Revenue Letter Ruling 17-05,
4/12/17, 3 pages.
http://www.tn.gov/assets/entities/revenue/attachments/17-05ms.pdf
TAXATION: Application of Tennessee franchise and excises taxes to
unitary group of financial institutions that includes exempt entities.
Department of Revenue Letter Ruling 17-06, 4/19/17, 6 pages.
http://www.tn.gov/assets/entities/revenue/attachments/17-06rr.pdf

If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov

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