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← 142 W. Va. 484 - Bostic v. State Compensation Commissioner

142 W. Va. 484 - Bostic v. State Compensation Commissioner’s Empirical Analysis

1957

Citation profile

17
cited by 17 later decisions
1
states following
September 1988
most recently cited

17 state decisions

How this case has been cited

Cited by 17 later decisions — most recently September 1988

17 state decisions

601957196019701980decided

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 115 W. Va. 144 - Lockhart v. State Compensation Commissioner · 118 W. Va. 596 - McDaniel v. Workmen's Compensation Appeal Board · 121 W. Va. 155 - Wheeling Metal & Manufacturing Co. v. Workmen's Compensation Commissioner · 127 W. Va. 56 - Hardin 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““If an employee who has a definitely ascertainable physical impairment, caused by a previous injury, irrespective of its compensability, becomes permanently and totally disabled through the combined effect of such previous injury and a second injury received in the course of and as a result of his employment, the employer shall be chargeable only for the compensation payable for such second injury: * * [Emphasis supplied]”
    2 later decisions quote this exact passage
  2. “"The power and jurisdiction of the commissioner over each case shall be continuing and he may from time to time, after due notice to the employer, make such modifications or changes with respect to former findings or orders as may be justified: Provided, that no further award may be made ... in case of nonfatal injuries ... except within five years after payments for temporary disability shall have ceased or not more than two times within five years after the commissioner shall have made the last payment in the original award or any subsequent increase thereto in any permanent disability case.””
    1 later decision quote this exact passage
  3. ““If the injury causes permanent disability, the percentage of disability to total disability shall be determined and the award computed and allowed as follows: “For permanent disability of from one per cent to eighty-four per cent, inclusive, sixty-six and two-thirds per cent of the average weekly earnings for a period to be computed on the basis of four weeks’ compensation for each per cent of disability determined. “For a disability of eighty-five to one hundred per cent, sixty-six and two-thirds per cent of the average weekly earnings during the remainder of life.””
    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.