183 W. Va. 148 - Vandergriff v. Workers' Compensation Commissioner’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In case a personal injury, other than occupational pneumoconiosis or other occupational disease, suffered by an employee in the course of and resulting from his employment, causes death, and disability is continuous from date of such injury until date of death, or if death results from occupational pneumo-coniosis or from any other occupational disease, the benefits shall be in the amounts and to the persons as follows: ****** "(b) If there be dependents as defined in subdivision (d) of this section, such dependents shall be paid for as long as their dependency shall continue in the same amount as was paid or would have been paid the deceased employee for total disability had he lived. The order of preference of payment and length of dependence shall be as follows: “(1) A dependent widow or widower until death or remarriage of such widow or widower[.]””

   1 later decision quote this exact passage
   e.g. 185 W. Va. 434 - Bradford v. Workers' Compensation Commissioner

2. “Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation.’ Syllabus Point 2, State v. Elder, 152 W.Va. 571 , 165 S.E.2d 108 (1968).” See also Kosegi v. Pugliese, 185 W.Va. 384 , 407 S.E.2d 388 (1991); Vandergriff v. Workers' Compensation Comm’r, 183 W.Va. 148 , 394 S.E.2d 747 (1990). 9 . See generally, State v. Sims, 132 W.Va. 826 , 54 S.E.2d 729 (1949), in which the Court held that it was within the State's inherent authority to delegate its”

   1 later decision quote this exact passage
   e.g. 187 W. Va. 145 - Butler v. Tucker

3. ““To obtain benefits under W.Va.Code, 23-4-10(b) (1978), a dependent is required to satisfy the following conditions: First, the deceased employee must have suffered a compensable personal injury or contracted occupational pneumoconio-sis or another occupational disease. Second, this injury or disease must have caused the employee’s death. Third, if death was due to injury, the disability must have been continuous from the date such injury occurred until the date of death.””

   1 later decision quote this exact passage
   e.g. 185 W. Va. 434 - Bradford v. Workers' Compensation Commissioner