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← 185 W. Va. 395 - Shifflett v. McLaughlin

185 W. Va. 395 - Shifflett v. McLaughlin’s Empirical Analysis

1991

Citation profile

6
cited by 6 later decisions
1
states following
July 2004
most recently cited

6 state decisions

Relationships

Relies on Sizemore v. STATE WORKMEN'S COMP. COM'R · 150 W. Va. 123 - Maxwell v. State Compensation Director · 159 W. Va. 100 - Sizemore v. State Workmen's Compensation Commissioner · 185 W. Va. 384 - Kosegi v. Pugliese · 142 W. Va. 154 - Canterbury v. Valley Bell Dairy Company

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

  1. “[Employer's] sole basis for contesting that they were statutorily in default for failure to remit premium payments is the 1984 amendment to W.Va.Code § 23-2-5. The provisions of W.Va.Code § 23-2-5 as in effect in 1982 required that an employer who was delinquent in the payment of workers' compensation premiums "shall be deprived of the benefits and protection afforded by this chapter...." Pursuant to the 1982 statute, an employer whose failure to timely remit premiums rendered him delinquent ... was thereby mandatorily subjected to common-law negligence.”
    1 later decision quote this exact passage · from the majority
  2. “their failure to timely pay premiums, to timely file a payroll report, or to maintain an adequate premium deposit.”
    1 later decision quote this exact passage · from the majority

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.