121 N.C. App. 570 - Lowe v. BE&K Construction Co.’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our Supreme Court held in Foster v. Western-Electric Co., 320 N.C. 113, 115 , 357 S.E.2d 670, 672 (1987) that where “defendant had not accepted plaintiff’s injury as compensable under workers’ compensation at the time the payments were made, nor had there been a determination of compensability by the Industrial Commission . . . the employer should be awarded a credit for these payments under N.C.G.S. § 97-42. On the other hand, in cases where it is stipulated that the employer’s insurance carrier accepts the employee’s claim as compensable under the Act after the injury occurred, see Moretz v. Richards & Associates, 316 N.C. 539 , 342 S.E.2d 844 (1986), and when the employer stipulates that the employee had sustained an injury by accident arising out of and in the course of his employment, see Ashe v. Barnes, 255 N.C. 310 , 121 S.E.2d 549 (1961), a credit will be disallowed under N.C.G.S, § 97-42.”

   1 later decision quote this exact passage
   e.g. 186 N.C. App. 250 - Bennett v. Grand