10 Va. App. 364 - Behrensen v. Whitaker’s Empirical Analysis
1990
Citation profile
23 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 2010 · most notably Granados v. Windson Development Corp. (1999), 14 Va. App. 261 - Metropolitan Cleaning Corp., Inc. v. Crawley (1992)
23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Caskey v. Dan River Mills, Inc. · Richmond Newspapers, Inc. v. Gill · Intermodal Services, Inc. v. Smith · Stover v. Ratliff · Carter v. Hercules Powder Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“But ... the first, second and third of these elements are not essential to the relationship.... The “power of control” is the most significant element bearing on the question.... In many of the cases the power of substitution or discharge, the payment of wages, and the circumstances bearing upon the relation, are dwelt upon. They, however, are not the ultimate facts, but only those more or less useful in determining whose is the work and where is the power of control.”
1 later decision quote this exact passage“One who seeks benefits under the Workers’ Compensation Act must show that he is an employee within the definition of Code § [65.2-101]. He bears the burden of proving his entitlement. The elements of an employment relationship are: (1) selection and engagement of the employee, (2) payment of wages, (3) power of dismissal, and (4) power of control of the employee’s action. The most important of these is the element of control.”
1 later decision quote this exact passage“[A] person is an employee if he works for wages or a salary....”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.