Hargrave v. State’s Empirical Analysis

Citation profile

6 state decisions

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he OWC hearing officer and the court of appeal erred in requiring the vocational rehabilitation counselor to agree to certain conditions prior to the performance of rehabilitation services in the absence of an...actual dispute[,]”

   3 later decisions quote this exact passage
   e.g. Hargrave v. Diaz · Baker v. Harrah's

2. “As in Hargrave v. State , 12-341 (La. 10/16/12), 100 So.3d 786 , Allen seems to be arguing that the conditions are a reasonable response to the history of sham rehabilitation cases in the past. However, the court in Hargrave addressed the effect of the 2003 and 2005 amendments to 23:1226 on the imposition of conditions on a rehabilitation counselor. The 2003 amendment therefore allowed the employee to file a claim with the OWC to review the "quality of services being provided" if "a dispute arises concerning the work of the vocational counselor...." Acts 2003, No. 980. The 2003 amendment also added paragraphs 3(b) and 3(c) to grant the counselor limited immunity from tort and to allow the employer to compel the employee's cooperation in the rehabilitation process. If the employee refuses to accept rehabilitation as deemed necessary by the OWC, he shall be subject to a fifty percent reduction in weekly compensation for each week of the period of refusal. La.Rev.Stat. 23:1226(B)(3)(c). The 2005 amendment mandated the counselor be a licensed professional vocational rehabilitation counselor. Acts 2004, No. 257. Thus, the legislature clearly recognized a right of the employee to challenge the quality of the vocational rehabilitation services and, consequently, set forth a procedure for resolving any disputes concerning the work of the vocational rehabilitation counselor. .... As the Interiano [ v. Fernando Pastrana Const. , 04-430 (La.App. 5 Cir. 10/26/04) , 887 So.2d 547 ] court ”

   2 later decisions quote this exact passage
   e.g. 149 So. 3d 836 - Allen v. Affordable Home Furnishings · Sonic Ambassador v. Richard

3. “a dispute arises concerning the work of the vocational counselor....”

   2 later decisions quote this exact passage
   e.g. 128 So. 3d 1022 - Chapman v. Coushatta Tribe of Louisiana · Sonic Ambassador v. Richard