180 W. Va. 595 - Fucillo v. Workers' Compensation Commissioner’s Empirical Analysis
1988
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently June 2003
12 state decisions
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 152 W. Va. 571 - State v. Elder · Mandolidis v. Elkins Industries, Inc. · 161 W. Va. 695 - Mandolidis v. Elkins Industries, Inc. · 172 W. Va. 457 - Meadows v. Lewis · 103 W. Va. 519 - McVey v. Chesapeake & Potomac Telephone Co.
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.
“"Notwithstanding the fact that the time periods set forth for objections, protests, and appeals to or from the workers’ compensation appeal board, are jurisdictional, such periods may be extended or excused upon application of either party within a period of time equal to the applicable period by requesting an extension of such time period showing good cause or excusable neglect, accompanied by the objection, protest, or appeal petition. In exercising such discretion the commissioner, appeal board, or court, as the case may be, shall consider whether the applicant was represented by counsel and whether timely and proper notice was actually received by the applicant or the applicant's representative."”
1 later decision quote this exact passage““ ‘Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without interpretation.’ Syllabus Point 2, State v. Elder, 152 W.Va. 571 , 165 S.E.2d 108 (1968). Syllabus Point 2, State ex rel. Underwood v. Silverstein, [167] W.Va. [121], 278 S.E.2d 886 (1981).” Syllabus Point 1, Fucillo v. Workers’ Compensation Comm’r., [180] W.Va. [595], 378 S.E.2d 637 (1988).”
1 later decision quote this exact passage“within thirty days after the receipt of such notice ... [otherwise] ... such finding or action shall be forever final.... Such time limitation being hereby declared to be a condition of the right to litigate such finding or action and hence jurisdictional.”
1 later decision quote this exact passage · from the dissent
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.