Jacques v. Nelson’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Act requires the employer to file a first report of injury ... Here, plaintiff's employer failed to do so. The Act provides a civil penalty of not more than $1,000 against the employer for failure to file the first report of injury . . Nowhere in the Act does such failure constitute an election by the employer not to be bound by the Act or subject him to a common law tort action. The mandatory coverage of all private employment not expressly exempted under the Act would be nullified were we to hold that such failure removes Workmen's Compensation coverage. "The Act further requires the employer to give written notice to the employee of denial of his claim... Plaintiff alleges he never received such notice. The Act provides for the imposition of a 10% penalty if compensation is awarded by the Workers' Compensation Court ... Nowhere in the Act does failure to give such notice remove the employer from coverage under the Act or subject him to a common law tort action. "If the law were otherwise, the purpose and intent of the mandatory coverage of the Act would be effectively subverted. The employer could eliminate the coverage of the Act over a particular employee or a particular accident at will simply by refusing to file an accident report or failing to notify its employee of a denial of his claim. This would indeed be a unique and unparalleled kind of Workmen's Compensation Act coverage." Jacques, supra, 591 P.2d at 187, 188 .”

   1 later decision quote this exact passage · from the majority
   e.g. Hayes v. Aetna Fire Underwriters

2. “If the law were otherwise, the purpose and intent of the mandatory coverage of the Act would be effectively subverted. The employer could eliminate the coverage of the Act over a particular employee or a particular accident at will simply by refusing to file an accident report or failing to notify its employee of a denial of his claim. This would indeed be a unique and unparalleled kind of Workmen's Compensation Act coverage.”

   1 later decision quote this exact passage · from the majority
   e.g. Hayes v. Aetna Fire Underwriters