107 Ind. App. 144 - Eades v. Lucas’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. “(a) An award of the board by less than all of the members as provided in [Ind.Code § 22-8-4-6], if not reviewed as provided in [Ind.Code § 22-38-4-7], shall be final and conclusive. With reference to these statutes, we held in Eades: From a consideration of these sections, it seems clear that any action of a hearing member is binding and conclusive only when there is no application for a [full Board] review filed.... If such an application is duly filed, any action of the hearing member disposing of a controversy on its merits ceases to be effective for any purpose and leaves the status of the parties unchanged. In view of the statutory provisions, all parties to the proceeding are bound to know that a new finding and award to be made by the full board is necessary; that said board neither affirms nor reverses an award made by one member, but "shall review the evidence, or, if deemed advisable, hear the parties at issue, their representatives and witnesses, and make an award and file the same with the finding of the facts on which it is based * * *" Where an application for review of an award by one member is filed, the application for compensation then stands for hearing before the full board, and is to be heard de novo.”

   1 later decision quote this exact passage
   e.g. ACLS D/B/A Nations Transportation v. Bujaroski