Harger v. Structural Services, Inc.’s Empirical Analysis
1996
Citation profile
2 district · 49 state decisions
How this case has been cited
Cited by 53 later decisions — most recently September 2012 · most notably Headley v. Morgan Management Corp. (2005), Public Service Co. v. Diamond D Construction Co. (2001)
2 district · 49 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 United States v. Silk · Bartels v. Birmingham · Ott v. Keller · Walton v. State ex rel. Road Commission · Burruss v. B. M. C. Logging 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]o particular factor should receive greater weight than any other, except when the facts so indicate, nor should the existence or absence of a particular factor be decisive. Rather, the totality of the circumstances should be considered in determining whether the employer has the right to exercise essential control over the work or workers of a particular contractor.”
2 later decisions quote this exact passage · from the dissent“[1.] [D]irect evidence of the exercise of control[;] [2.] the right to terminate the employment relationship at will, by either party, and without liability};]... [3.] the right to delegate the work or to hire and fire assistants};] [4.] the method of payment, whether by time or by the job};]... [5.] whether the party employed engages in a distinct occupation or business; [6.] whether or not the work is a part of the employer’s regular business; [7.] the skill required in the particular occupation; [8.] whether the employer supplies the instrumentalities, tools, or the place of work; [9.] the duration of a person’s employment, and whether that person works full-time or regular hours; [and] [10.] whether the parties believe they have created the relationship of employer and employee, insofar as this belief indicates an assumption of control by one and submission to control by the other.”
1 later decision quote this exact passage · from the dissent“6. Section 52-1-22 provides: As used in the Workers’ Compensation Act ..., unless the context otherwise requires, where any employer procures any work to be done wholly or in part for him by a contractor other than an independent contractor and the work so procured to be done is a part or process in the trade or business or undertaking of such employer, then such employer shall be liable to pay all compensation under the Workers’ Compensation Act to the same extent as if the work were done without the intervention of such contractor. The work so procured to be done shall not be construed to be “casual employment”.”
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.