206 So. 3d 397 - Simmons v. Luba Workers' Comp.’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When an error of law is alleged on appeal, the appellate court must determine whether the WCJ's ruling was legally correct. Edwards v. Ford Motor Co. , 06-101 (La.App. 3 Cir. 6/21/06) , 934 So.2d 221 , writ denied , 06-1847 (La. 10/27/06), 939 So.2d 1282 . If the appellate court's review reveals a reversible error of law, it must conduct a de novo review of the record and render judgment on the merits if possible. Bridges v. Nelson Indus. Steam Co. , 15-1439 (La. 5/3/16), 190 So.3d 276 . "A legal error occurs when a trial court applies incorrect principles of law and such errors are prejudicial." Evans v. Lungrin , 97-541, 97-577, p. 7 (La. 2/6/98), 708 So.2d 731 , 735. Such "errors are prejudicial when they materially affect the outcome and deprive a party of substantial rights." Id.”

   1 later decision quote this exact passage
   e.g. Harper v. Boise Paper Holdings, LLC

2. “The determination of whether an employer should be cast with penalties and attorney fees in a workers' compensation case is essentially a question of fact and subject to the manifest error/clearly wrong standard of review.”

   1 later decision quote this exact passage
   e.g. 258 So. 3d 740 - Carter v. Iberia Parish Sch. Bd.

3. “When reviewing a WCJ's findings of fact, appellate courts do not review the findings of fact to determine whether they are right or wrong but whether they are reasonable based on the record.”

   1 later decision quote this exact passage
   e.g. 239 So. 3d 425 - Broussard v. Acadian Ambulance Serv., Inc.