207 W. Va. 241 - Thacker v. Workers' Compensation Division’s Empirical Analysis
2000
Citation profile
8 state decisions
Relationships
Relies on 172 W. Va. 457 - Meadows v. Lewis · 148 W. Va. 5 - Eady v. State Compensation Commissioner · Hasson v. City of Chester · 173 W. Va. 747 - Javins v. Workers' Compensation Commissioner · Dunlap v. STATE WORKMEN'S COMPENSATION COM'R
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.
“Whether evidence is unreliable is a legal determination to be made by the finder of fact, i.e., the Division or the Office of Judges. In a workers' compensation claim, whether the evidence of a party is unreliable is a determination that must be made by an affirmative showing by the parties in the record, and such an affirmative showing can include the opinions of the members of the Occupational Pneumoconiosis Board. Furthermore, the finder of fact may not rely upon”
1 later decision quote this exact passage · from the concurrence“West Virginia's Constitution guarantees its citizens access to the courts — the workers’ compensation system is constitutionally acceptable only because it is a speedier, more certain alternative to the court system due to the rule of liberality. If the rule of liberality is eliminated, citizens are deprived of access to a reasonable alternative to the courts — and therefore, the constitutionality of the workers’ compensation system would be called into question.”
1 later decision quote this exact passage · from the concurrence“as a basis for disregarding a party's evidence. Pripich v. State Compensation Comm'r, 112 W.Va. 540, 543 , 166 S.E. 4, 5 (1932). In other words, the unsubstantiated opinion of an expert, including the members of the Occupational Pneumoconiosis Board, that a particular piece of evidence is”
1 later decision quote this exact passage · from the concurrence
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.