Vaughn v. John Morrell & Co.’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An employee who claims compensation for an injury shall immediately, or as soon thereafter as practical, notify the employer of the occurrence of the injury. Written notice of the injury shall be provided to the employer no later than three business days after its occurrence. The notice need not be in any particular form but must advise the employer of when, where, and how the injury occurred. Failure to give notice as required by the section prohibits a claim for compensation under this title unless the employee or the employee’s representative can show: (1) The employer or the employer's representative had actual knowledge of the injury; or (2) The employer was given written notice after the date of the injury and the employee had good cause for failing to give written notice within the three business-day period, which determination shall be liberally construed in favor of the employee.”

   2 later decisions quote this exact passage
   e.g. Clausen v. Northern Plains Recycling · Gordon v. St. Mary's Healthcare Center

2. “`assert a better version of the facts than [their] prior testimony and `cannot now claim a material issue of fact which assumes a conclusion contrary to [their] own testimony.''”

   2 later decisions quote this exact passage
   e.g. Orth v. Stoebner & Permann Construction, Inc. · Jorgenson v. Vener

3. “The purpose of the notice requirement is to provide the employer an opportunity to investigate the cause and nature of an employee’s injury while the facts are readily accessible. Schuck, 529 N.W.2d at 897 (citation omitted). Therefore, ‘[n]otice to the employer of an injury is a condition precedent to compensation.’ Loewen, 1997 SD 2, ¶ 8 , 557 N.W.2d at 766 (citations omitted). However, the failure to provide written notification to the employer may be excused if the employer had actual knowledge of the injury. SDCL 62-7-10. Additionally, if written notification is delayed, strict compliance with the statute is excused if the employee has good cause justifying the delay.”

   1 later decision quote this exact passage
   e.g. Gordon v. St. Mary's Healthcare Center