Schwabauer v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) The burden of proof in contested cases involving injuries which occur over a substantial period of time is on the employee to make proper proof of his claim by a preponderance of the evidence, and to also prove by competent medical authority that his claim arose out of and in the course of his employment, by showing by a preponderance of evidence that: "(i) There is a direct causal connection between the condition or circumstances under which the work is performed and the injury; "(ii) The injury can be seen to have followed as a natural incident of the work as a result of the employment; "(iii) The injury can fairly be traced to the employment as a proximate cause; "(iv) The injury does not come from a hazard to which employees would have been equally exposed outside of the employment; and "(v) The injury is incidental to the character of the business and not independent of the relation of employer and employee.”

   1 later decision quote this exact passage
   e.g. Matter of Haynie

2. “If a claimant has adduced competent evidence having probative value which preponderantly convinces the trier or triers of the fact that claimant had an accident and incurred a disability arising out of and in the course of his employment, notwithstanding the trier or triers of the fact may recognize a possibility or even a probability that this was not true, an award of compensation thereon is proper and on appeal therefrom must be sustained.”

   1 later decision quote this exact passage
   e.g. Welke v. City of Ainsworth