Wetherbee Electric Co. v. Carmichael’s Empirical Analysis
1944
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 1980
10 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 Maryland Casualty Co. v. State Industrial Commission · Oklahoma City v. State Industrial Com. · Capitol Drilling Company v. Cole · American Tank Co. v. State Industrial Com. · Oklahoma City v. State Industrial Com.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is manifest, however, that the mathematical formula cannot be properly applied in all cases so as to effectuate justice. An illustration will serve to point out the fallacy. For instance, an injured person may have a disability o£ 90 per cent in one leg and a disability of 70 per cent in another leg. Thus, by the mathematical formula, he would have only 80 per cent total disability, whereas, considering the cumulative-effect of his injuries, the commission might determine that he was totally disabled. As the. seriousness of the injuries to two members increases, his approach to the. condition. of total disability does not remain constant, but it may be obviously accelerated. “Hence, it is apparent that our language has been too broad in applying said formula. But if the commission, in determining' the amount of claimant’s disability, sees fits to apply said formula as a fair and just means of determining the question presented for its determination, said findings, if'supported by. evidence, would not be disturbed by this court. To the commission is committed the determination of the degree of disability of a claimant, and whatever reasonable means it may apply co aid it is permissible. Herein, the commission, based upon competent testimony, found that the claimant sustained a greater percentage of disability than his several injuries, considered separately, would authorize under the strict application of said formula. The medical testimony supports the conclusion of the c”
1 later decision quote this exact passage““It is not a mathematical problem, as contended by petitioners. It is not to be solved by adding up the fractional parts but upon the basis of the percentage of total and permanent disability reasonably found to be produced by the injuries to both eyes considered collectively and with due regard to their cumulative effect.””
1 later decision quote this exact passage
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.