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← 2000 SD 82 - Belhassen v. John Morrell & Co.

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

2000

Citation profile

8
cited by 8 later decisions
1
states following
March 2004
most recently cited

8 state decisions

Relationships

Relies on Sopko v. C & R Transfer Co., Inc. · Hanson v. Penrod Construction Co. · Bridge v. Karl's, Inc. · Petersen v. Hinky Dinky · Loewen v. Hyman Freightways, Inc.

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. “[A] person is totally disabled if his physical condition, in combination with his age, training, and experience, and the type of work available in his community, causes him to be unable to secure anything more than sporadic employment resulting in insubstantial income. Under this doctrine, an employee first bears the burden to show total disability. If it is “obvious” an employee falls within the “odd-lot” category, the employer must then prove positions in the community are available for persons with the employee’s limitations. A claimant may show “obvious unemployability” by: (1) showing that his physical condition, coupled with his education, training and age make it obvious that he is in the odd-lot total disability category, or (2) persuading the trier of fact that he is in fact in the kind of continuous, severe and debilitating pain which he claims. Inversely, if the employee is not obviously unemployable, the burden remains with the employee to demonstrate the unavailability of suitable employment, after reasonable albeit unsuccessful, efforts to find work.”
    1 later decision quote this exact passage
  2. “`[i]f after careful review of the entire record we are definitely and firmly convinced a mistake has been committed, only then will we reverse.'”
    1 later decision quote this exact passage
  3. “we are required to give `great weight to the findings and inferences made by Department on factual questions.'”
    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.