Sullivan v. Mayo’s Empirical Analysis

Citation profile

1 federal appellate · 67 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... It is well established in Florida that the substantive rights of the respective parties under the Workmen's Compensation Law are fixed as of the time of the injury to the employee. This is so because the acceptance of the provisions of the Workmen's Compensation Law by the employer, the employee, and the insurance carrier constitutes a contract between the parties which embraces the provisions of the law as of the time of the injury. Consequently, a subsequent enactment could not impair the substantive rights of the parties established by this contractual relationship... .”

   8 later decisions quote this exact passage · from the majority
   e.g. Burris v. Goodyear · 397 So. 2d 1199 - Ship Shape v. Taylor

2. ““Whenever the Commission determines that it is for the best interests of a person entitled to compensation, the liability of the employer for such compensation shall be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at four per cent true discount compounded annually. The probability of the death of the injured employee or other person entitled to compensation before the expiration of the period during which he is entitled to compensation shall in the absence of special circumstances making such course improper be determined in accordance with the American experience table of mortality. The probability of the happening of any other contingency affecting the amount of duration of the compensation except the possibility of the remarriage of a widow shall be disregarded. As a condition of approving a lump sum payment to a widow the Commission in its discretion may require security which will insure that in the event of the remarriage of such widow any un-accrued future payments so paid may be recovered or recouped by the employer or carrier.””

   2 later decisions quote this exact passage · from the majority
   e.g. 151 So. 2d 891 - Purdy v. Covert · 151 So. 2d 636 - STATE EX REL. IOWA NAT. MUT. INS. CO. v. Florida Industrial Commission

3. “(a) Liability of an employer for future payments of compensation shall not be discharged by advance payment unless prior approval of the Commission has been obtained as hereinafter provided; and such approval shall not constitute per se an adjudication of the claimant's percentage of disability. "Advance Payment of Part of Compensation. "(b) When the claimant has reached maximum recovery and returned to his former or equivalent employment with no substantial reduction in wages, such approval of a reasonable advance payment of a part of the compensation payable to the claimant may be given informally by letter, without hearing, by any Deputy Commissioner, or by the Director, Deputy Director or Chief of Claims, of the Workmen's Compensation Division. "(c) When the claimant has not returned to the same or equivalent employment with no substantial reduction in wages or has suffered a substantial loss of earning capacity, actual or apparent: "(1) An advance payment of compensation not in excess of $1,000 may be approved informally by letter without hearing, by any Deputy Commissioner, * * *.”

   1 later decision quote this exact passage · from the majority
   e.g. 193 So. 2d 170 - Schel v. City of Miami