209 W. Va. 710 - Plummer v. Workers' Compensation Division’s Empirical Analysis
2001
Citation profile
10 state decisions
Relationships
Relies on Schlagenhauf v. Holder · Mandolidis v. Elkins Industries, Inc. · 154 W. Va. 369 - Intercity Realty Company v. Gibson · 165 W. Va. 233 - West Virginia Judicial Inquiry Commission v. Dostert · 161 W. Va. 695 - Mandolidis v. Elkins Industries, 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[The Workers' Compensation Act] requir[es] the state compensation commissioner in administering the workmen's compensation fund, to ascertain the substantial rights of the claimants in such manner as will "carry out justly and liberally the spirit of the act" unrestricted by technical and formal rules of procedure...." Syllabus, in part, Culurides v. Ott, 78 W.Va. 696 , 90 S.E. 270 (1916) (citation omitted).”
2 later decisions quote this exact passage“[i]n most cases we show substantial deference to the factual findings of the Workers' Compensation Appeal Board.”
2 later decisions quote this exact passage“Good cause is necessarily fact specific. Consequently, no rigid rule should be crafted to determine good cause.... [H]owever, ... a threshold exists for what may be considered good cause. The "`good cause' requirement ... `is not a mere formality.'" State ex rel. Letts by Letts v. Zakaib, 189 W.Va. 616, 618 , 433 S.E.2d 554, 556 (1993) (quoting Schlagenhaufv. Holder, 379 U.S. 104, 118 , 85 S.Ct. 234, 242 , 13 L.Ed.2d 152 [, 163] (1964)). Establishing good cause "puts the burden on the party seeking relief to show some plainly adequate reason therefor[,]" not merely any reason. AT & T Communications of West Virginia, Inc. v. Public Serv. Comm'n of West Virginia, 188 W.Va. 250, 253 , 423 S.E.2d 859, 862 (1992) (emphasis added) [ (internal quotations and citations omitted) ]. Our jurisprudence has long "held that ... `good cause can only appear by showing ... some ... circumstance beyond the control of the party, and free from neglect on his part."` Winona Nat'l Bank v. Fridley, 122 W.Va. 479, 481 , 10 S.E.2d 907, 908 (1940) (quoting Syl. pt. 1, [in part,] Post v. Carr, 42 W.Va. 72 , 24 S.E. 583 (1896)).”
1 later decision quote this exact passage · from the dissent
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.