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← 136 W. Va. 183 - Miles v. State Compensation Commissioner

136 W. Va. 183 - Miles v. State Compensation Commissioner’s Empirical Analysis

1951

Citation profile

8
cited by 8 later decisions
1
states following
July 2006
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently July 2006

8 state decisions

40195119601970198019902000decided

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 130 W. Va. 430 - State Ex Rel. Cashman v. Sims · 112 W. Va. 540 - Pripich v. State Compensation Commissioner · 115 W. Va. 144 - Lockhart v. State Compensation Commissioner · 121 W. Va. 10 - Gilbert v. State Compensation Commissioner · 112 W. Va. 507 - Holland v. State Compensation Commissioner

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

  1. “For the purposes of this chapter [23], occupational disease means a disease incurred in the course of and resulting from employment. No ordinary disease of life to which the general public is exposed outside of the employment shall be compensable except when it follows as an incident of occupational disease as defined in this chapter. Except in the case of occupational pneumoconiosis, a disease shall be deemed to have been incurred in the course of or to have resulted from the employment only if it is apparent to the rational mind, upon consideration of all the circumstances (1) that there is a direct causal connection between the conditions under which work is performed and the occupational disease, (2) that it can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, (3) that it can be fairly traced to the employment as the proximate cause, (4) that it does not come from a hazard to which workmen would have been equally exposed outside of the employment, (5) that it is incidental to the character of the business and not independent of the relation of employer and employee, and (6) that it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction. An employee shall be deemed to have contracted an occupational disease within the meaning of this paragr”
    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.